Is it realistically possible to win an employment case or personal injury case without a damages expert? Is a damages expert essential if there is any chance of winning?
Yes it is possible to win an employment discrimination case or personal injury case without an expert. But there is a material difference between establishing liability and proving damages. The expert can mostly help in the damages area. Speak with an experienced NY trail lawyer about the particular facts and circumstances you are dealing with and whether an expert witness will be able to solidify your presentation. Good luck.See question
I have loaned a friend a large sum of money over 12 years and she has paid me back. nothing is in legal paperwork but emails and verbal agreements.
As others have stated you may well have a statutes of fraud problem. In addition to a statue of limitations defense if action is commenced. Suggest you discuss the particulars with a NJ contracts lawyer. In some cases email acknowledgments of the loan and its agreed payment terms can help establish an agreement to repay in the absence of a more formal writing. Good luck to you.See question
Per some program the bank has offered a nice relocation fee as an incentive and I could use these funds in my new location, when I find one. I do NOT want the bankruptcy judge or closing company to take these funds to pay debt or any other judgme...
Before you agree to enter into this short-sale program have the contract with your mortgage company reviewed by a NJ bankruptcy lawyer, with whom you should meet in a confidential office setting. One issue will be the amount of the relocation fee and whether it can be exempted as part of your cash assets if you file for bankruptcy relief. Be sure to bring a complete list of your property and creditors, plus your income statements and tax returns. It is important that your particular bankruptcy and non-bankruptcy options be fully assessed in advance. Good luck.See question
COMPANY A and COMPANY B agree not to engage in or enter into a contract to engage in any business related negotiations or transactions of any sort with companies introduced by the other without prior written disclosure to the originating party. Bo...
It likely worries you because it seems overly broad rather than being tailored to your particular transaction. Templates like this one are best thought of as starting points. Get the assistance of a NY business lawyer to modify the non-circumvention language so that your most substantial concerns are addressed.See question
how can my neighbor claim harassment when she drove into my driveway in the line of me watering my flowers? What are my rights if she was on my property? She filed harassment with my town and now I received a mediation letter that I must attend?
There is clearly another side to the story because right or wrong your neighbor feels aggrieved. Suggest you meet with an experienced NJ attorney in a confidential office setting regarding the facts and circumstances. Mediation is a non-binding dispute resolution proceeding that can be very effective as it permits each side to tell his or her story to a neutral mediator.See question
And is there legal a way to protect identities of reviewers to allow for journalistic-style honesty? Under what circumstances would such a subpoena be issued? (I'm thinking if a reviewer was honest about a service and the company didn't like what ...
Im a defendant in a civil case against the state of NJ. My lawyer said that the judge might not allow me to speak at my upcoming hearing, which is for a motion to enforce plaintiffs rights. Can a judge do that? How can that be allowed under the l...
The answers provided are accurate. The court also has discretion at oral argument on a contested motion to hear from the attorneys rather than the party. Presumably you have already provided your testimony in the form of a written certification filed with the court. Your attorney should be able to address your concerns when you next meet or confer.See question
A friend filed summons and complaint against a party. The party defaulted in providing an answer. During the default, my friend was robbed and lost a lot of important evidences for the case. The defendant later filed motion to vacate the default ...
Interesting question. Your friend should consult an experienced New York litigation lawyer in a confidential office setting to discuss the particular evidence that is no longer available and how this would impact the case whether or not the default judgment were to be vacated. Prejudice is one matter. Another argument against vacating the default, for example, might be that too much time has passed, witnesses are no longer available, or that the movant has not demonstrated a meritorious defense to the complaint. Even in cases of default, the court is likely to schedule an inquest so that plaintiff can establish a prima facie case for entitlement to money damages. In other words, evidence in support of the claims must be brought forth by plaintiff , whether the matter is contested or not. Again, an experienced litigator can help your friend obtain the relief sought and comply with the court rules.See question
Both notices were mailed and from Optium Online.
Take this seriously and meet with an experienced NY intellectual property lawyer familiar with Internet copyright infringement claims in a confidential office setting. Bring the copyright claim notice(s) with you and be prepared to discuss the underlying facts and circumstances so that your situation may be properly evaluated. I changed the main topic from Lawsuits to Intellectual Property so that others may weigh in.See question
I filed in Feb 2015 then I get a statement in Mar 2015 statement $150 review bankruptcy?
The right to charge this fee is likely covered by your condominium documents. You can read them yourself or ask a lawyer to do so for you. You can also ask your association manager for an explanation. Unlike many other traditional debts, you are responsible for post-filing condominium association assessments and charges under an exception included in the federal bankruptcy code. This is true so long as you continue to occupy the condo unit and do not surrender it. Consult with your bankruptcy attorney regarding the non-dischargeability of certain condominium charges even after filing for creditor relief under chapter 7 bankruptcy.See question