Marc A Sherman’s Answers

Marc A Sherman

Insurance Law Lawyer.

Contributor Level 5
  1. My friend needs an attorney to file her appeal asap. I need help in helping her.

    Answered over 1 year ago.

    1. Joshua Eli Adams
    2. Marc A Sherman
    3. Kyndra L. Mulder
    4. Harry Edward Hudson Jr
    5. Clifford M. Miller
    5 lawyer answers

    I cannot be sure if this applies in FL: If the evidence really is compelling and her original lawyers really blew it off, the first recourse could be a motion to have the judgment vacated on the grounds of ineffective assistance of counsel. If granted, she could get her plea back and then go to trial.

    Selected as best answer

  2. Can A nanny prove she was employed if she was paid in cash?

    Answered 4 months ago.

    1. Emanuel Kataev
    2. William J Lasko
    3. B. Shamus O'Donniley
    4. Arthur H. Forman
    5. Marc A Sherman
    5 lawyer answers

    Your question requires elaboration in order to fully understand your needs. If, for example, your nanny is looking for another job and wants to show her employment history to prospective employers, you might consider simply writing a letter for her stating the dates of her employment with you, as well as her duties, compensation, etc.

    3 lawyers agreed with this answer

  3. Is it difficult to write up an opening appeal. I have gathered information online. I need to know what I am facing.

    Answered 4 months ago.

    1. Michael Charles Doland
    2. Nicholas Basil Spirtos
    3. Herb Fox
    4. Joshua Sachs
    5. Kelvin P. Green
    6. ···
    8 lawyer answers

    I join the answers of the other attorneys here, and add the following: outline your brief. Organization is key to clarity and persuasiveness. Organize your facts section logically - this may mean chronologically, but not necessarily. For example, you might organize your facts section according to witness testimony in the proceedings below. Another important thing about your facts section - resist the temptation to argue and avoid hyperbole. For example, don't state: "smith negligently...

    Selected as best answer

  4. A vacation on a cruise is being planned. I have a friend convicted of a DUI. I want an opinion on the certainty he can travel?

    Answered over 1 year ago.

    1. Christopher Irvin Simser
    2. Jayson Lutzky
    3. Marco Caviglia
    4. Michael C. Wild
    5. Michael James Kennedy
    6. ···
    6 lawyer answers

    Whether the PO gives him approval or not to travel will not affect his ability to enter other countries. Unless he's a fugitive, I cannot imagine how he could be flagged by customs or border-control. The PO's approval is only so that he doesn't get in trouble here - e.g., when the PO sees Facebook pictures of him on the cruise with a huge pina colada in one hand and a mai tai in the other.

    2 lawyers agreed with this answer

  5. What are the legal remedies for construction workers injured on the job when the project manager ignored safety concerns?

    Answered over 1 year ago.

    1. Jeffrey Ira Schwimmer
    2. Thomas Richelo
    3. Herbert J Tan
    4. Robert K. Erlanger
    5. Marc A Sherman
    5 lawyer answers

    A very important question to answer is whether an injury was caused by the worker falling or a falling object.

    1 lawyer agreed with this answer

  6. Deposition questions

    Answered 4 months ago.

    1. Alan James Brinkmeier
    2. Stephen Laurence Hoffman
    3. Jeffrey Ira Schwimmer
    4. Marc A Sherman
    4 lawyer answers

    Generally, a deposition should not commence until all parties are present. Even in cases where there are multiple defendants, third-party defendants, etc., each party should be represented unless, as stated above, there is an express waiver.

    2 lawyers agreed with this answer

  7. What rules do judges have to follow when making a decision in the Court of Appeals for the Federal Circuit?

    Answered 4 months ago.

    1. Jody R. Pollara
    2. Mark William Oakley
    3. Charles Michael Tobin
    4. Marc A Sherman
    4 lawyer answers

    I join in the answers of the attorneys above, and add the following: An appellate court will only consider preserved arguments and the record on appeal. What does that mean? At the trial level, parties can parties can also raise all kinds of objections and arguments. For example, a party can object to the adversary's attempt to offer a certain document into evidence, or to certain testimony of a witness. Also, parties at the trial level can offer all kinds of evidence and arguments to prove...

    2 lawyers agreed with this answer

  8. Do I have a sexual harassment/ wrongful termination suit?

    Answered over 1 year ago.

    1. Alan James Brinkmeier
    2. Christian K. Lassen II
    3. Marc A Sherman
    4. Arinderjit Dhali
    4 lawyer answers

    As stated above, you should hire a lawyer and make claims against both the State and the temp agency. The agency could care less about your complaints, as their only concern is not making trouble for their lucrative client - the State. It's hard to say whether the State's attempt to modify your hours constitutes retaliation. But one thing seems clear - the State knew your co-worker was creating a hostile work environment for your (hence his suspension), and the State did nothing about it.

    2 lawyers agreed with this answer

  9. R Can I have my deportation reopened if my criminal case was vacated

    Answered over 1 year ago.

    1. Marc A Sherman
    1 lawyer answer

    Not sure what you mean by "reopened the appeal." But, I gather your conviction was vacated. Although the district attorney could re-try you, chances are they won't bother - especially if the conviction was from a long time ago. If that conviction was the basis for deportation, you should consult an immigration attorney to have the removal proceedings stopped.

  10. Can I print out a work email and use it against my employer in an unemployment hearing in New York?

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Ryan M. Finn
    3. Bonnie L S Parente
    4. Vincent Peter White
    5. Marc A Sherman
    5 lawyer answers

    Furthermore, if you feel you were wrongfully terminated on the basis of your own race, gender, nationality, etc..., you should file a complaint with the EEOC and send the email to them as well. Since, according to you, this president threatened you with physical force and discriminates against customers based on their place of origin, he most likely creates a hostile work environment. You might consider seeking more than mere unemployment benefits.