Michael A Orozco's Answers

Can I be sued for slander by a former employee if I discuss a theft with current employees indicating that they are the culprit

To answer your question, you can be sued. The most important defense to an action for defamation is "truth", which is an absolute defense. Another is "privilege". For example, statements made by witnesses in court, judges while sitting on the bench, are ordinarily privileged, and cannot support a cause of action for defamation, no matter how false or outrageous. A defense recognized in most jurisdictions is "opinion". If the person makes a statement of opinion as opposed to fact, the...

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Please explain civil reservation??

Evidence of a defendant’s guilty plea to a traffic offense is admissible in a civil suit to establish liability arising from the same occurrence unless the plea is made with a civil reservation. A civil reservation is a specific reservation made on behalf of defendant against the use of a guilty plea in a civil suit. In particular, pursuant to R. 7:6-2(a)(1), a Court may, upon the request of a defendant at the time a plea is entered, order that the guilty plea shall not be evidential in...

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IDRC in New Jersey, DUI laws in New Jersey

You need to be able to provide proof that you succesfully completed the program. If you are unable to do so you need to contact the Division of Motor Vehicles in order to inquire about possibly setting up a hearing to resolve the issue. They can't bring the DWI back, but they can certainly suspend your license pending the resolution of the issue. I believe that since you got your license back you may be able to succesfully argue that you completed the program, since you could not have done...

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How long do I have in NY to sue for malpractice after the surgery

Under the laws of the State of New York you have 2 and 1/2 years in order to file a medical malpractice action. If a foreign object was left in your body you have only one year from the date you discovered the foreign body or should have discovered it. If you have undergone continuous treatment then the date that you discovered or believed that he had not properly performed the surgery would be the date which began to toll the statute of limitations.

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Im being charged with incest 3rd in ny state ..what should i expect

The first thing you need to do is consult with an attorney. Based upon your inquiry, it would appear as if you have a good argument to have the 'confession' suppressed as it was obtained through coercion. These kinds of matters are not taken lightly by the prosecutor's office and you can expect a good fight if you are looking to have the charges dismissed. Incest is a strict liability crime, therefore, there is no defense other than there was no contact between the defendant and the alleged...

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Can I sue Medtronic for defective/dangerous product

The following models have been recalled. Sprint Fidelis 6930 • Sprint Fidelis 6931 • Sprint Fidelis 6948 • Sprint Fidelis 6949 If you used any of those products, you may be able to sue and join a class action lawsuit. Please feel free to visit our website to learn more about defective products by following the link below.

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I was dumped from my wheelchair by an employee at Disney World in Orlando. My knees hurt more and more since then. What do I d

The first step you should take is to document the injury and make sure you get an accident report. Due to the fact that you sustained an injury in Floriday you will need to contact an attorney in that state. He/she will have many questions regarding your prior existing condition, what kind of ride you fell on, and the details of how the accident occurred. If you are in pain seek medical attention as soon as possible.

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Shed roof breaks after after kid climbs on it. Water damaged items result. Who should be responsible for damages?

You may have a cause of action against the girl for the damage to the roof of the shed and the items inside. This would be especially true if she was warned and told to stay off the shed before the last incident. You should put up signs and warnings so that no other children go on the shed as it is foreseeable they could (since so many have done so in the past) as well as to warn the children because they could fall through the roof.

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When requesting discovery is all ungiven information such as copy of supposed photo line up now usable in court if not given.

They can bring the information up if it was not readily available at the time of your motion. If they attempt to bring it in at a late stage, you can object to it as it was not introduced nor would you be prepared to address the evidence as you never had a chance to inspect it.

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Can I file assault charges? How? What is the proper proceedure?

Going to see the warrant officer is the right thing to do. File charges for assault and harrassment. If he threatened you in any way you may also be able to file terroristic threat charges against him. I am not able to answer the harrssment charges as I am not an employment lawyer.

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