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Carmen S. Giordano

Carmen Giordano’s Answers

107 total


  • What options do I have concerning an entertainment agent that seems to be sabotaging my brand?

    I'm a musician in a full time cover band that pays 20% to a talent agency to book my shows. Recently we've had multiple shows booked, and promoted only to find out that they we're wrong, which we discovered ourselves, which hurts our fan base, thi...

    Carmen’s Answer

    Your agent has a fiduciary duty to you and the other members of the band. What you say he is doing is of serious concern. You need to have your agency agreement reviewed by a competent lawyer. I am sure he is in breach of that agreement by the indicated misconduct. Also, a cease and desist should be considered regarding the defamation and conflict of interest! Perhaps a new agent is in your future.

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  • Can I sue the Florida Department of Motor Vehicles for threatening to remove my inventory that is in storage ?

    I legally operate and have a dealer license to operate in a commercial warehouse area. The area also has other dealers inside. Recently a new compliance officer to our area, has began to threaten to tow away our vehicles that do not have a tag. ...

    Carmen’s Answer

    This sounds like it is going to be a constant problem for you. You should sit down with a local lawyer in the Ft. Lauderdale area and figure out the best approach. You are better off resolving the problem proactively rather than waiting for DMV to act and then you having to react. If necessary, every state has a procedure for filing a lawsuit against a government agency for wrongdoing on its part. In NY, it is called an Article 78. You could also, theoretically, file for a declaratory judgment or ruling from a court as to what the DMV can do and not do.

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  • Legally record tutoring video meeting (eg, Skype) with a minor

    Looking to see if my tutoring company can record video meetings between its tutors and students, including prospective students. Students can be under the age of 18 (ie, minors) so not sure if that changes anything. Our tutors and students are bas...

    Carmen’s Answer

    Very good question with no simple answer. You cannot record people by video or audio without at least one of the individual's who is being recorded consenting to the recording. The minors and multi-state aspect further complicates the situation. Just to start, you would need signed proper authorizations and releases drafted properly by an attorney from the parents. You would also need to check all of the state specific laws on surveillance/recording. Obtaining written consent and releases would be an imperative. Please consult further with local counsel!!

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  • Can my ex husband use sex tapes someone sent him against me to take my boys?

    My now bf found sex videos with someone else before him and is now saying he will help my ex husband use them against me and take my kids from me.

    Carmen’s Answer

    You need a different boyfriend! Perhaps you should avoid these guys for awhile. As far as what you do in the privacy of your bedroom (not in front of the kids), that is really none of anyone's business. If the tape was improperly taken from you or stolen, you should file a police report. If either your ex or your current hopefully soon to be ex threatened to expose you unless you do something for them, add that to the police report! If there is something on the tape (other than your private sex life) that reveals that you are not a good mother, that may be a different story. You need new friends.

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  • Entered hospital on 01/16/15 for a diaphramic hernia. During my 3rd day in ICU my pain med button had fallen from my hand

    I woke up and noticed I had dropped the button they put in my hand to hold to push when I need additional meds for my pain. I had an incision on my chest approx. 12 inches long. I could not reach the button and reached for the control panel that w...

    Carmen’s Answer

    You should have a State Agency in your area that reviews medical conduct and the general condition in medical facilities. I would contact them immediately. However, unless you can attribute a particular injury to their negligence or malpractice, you would not have a lawsuit. Consult a good PI attorney in your area.

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  • Can I sue for defamation of character?

    I had a women up the street to accuse me of exposing my self. She also told the police that she could smell alcohol on my breath. The officer came to my house thirty minutes later. Because of this the officer thought I had been drinking and dri...

    Carmen’s Answer

    The answer is yes and you should consult an attorney in your area immediately. Since the criminal charges were all dismissed as you say, you can sue her for defamation as well as malicious prosecution. You will have the burden to prove she made the false allegations against you knowing that such allegations were false. Your damages are relatively significant. Good luck my friend.

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  • Can I sue?

    My husband is at rikers island and he was hit by another inmate in the face for no reason. He made an infraction and the Co signed the paper in the wrong spot. So when he went to the court with it it was dismissed. Can he sue them for that?

    Carmen’s Answer

    Your question is ambiguous. We handle several jail cases. If you did not yet file in court, you may be able to sue.

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  • Drunk driver runs a red light and totals my car i was financing

    do i get stuck with the remaining loan balance?

    Carmen’s Answer

    I agree with my colleague that your collision should cover this. If, for some reason, you do not have collision, you can sue for the economic loss. If you have injuries, combine in one suit.

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  • I have been denied the right to purchase a handgun by the Oregon state police. due to a conviction which was in 1983 in califor.

    I was told by the Oregon state police it is because of my past criminal conviction and to contact the court where the conviction was handed down, a felony. I did contact the clerk at the Pomona surperior court in los angeles county in California. ...

    Carmen’s Answer

    Generally, the license to possess a handgun is considered a "privilege" and not a "right" despite how some people interpret the 2nd Amendment. In any event, States are able to regulate the licensing procedure. If there is something arbitrary and capricious about the denial or discriminatory, you may be able to seek court intervention to challenge the State's decision. You will need to consult a competent administrative attorney in your jurisdiction.

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  • What do I put on this background check information.?

    I recently got put on diversion for petit theft. I know I can put no of it asks if I've been convicted. But what do I put if it asks if I have any open warrants or charges against me.?

    Carmen’s Answer

    Read the question carefully and do not lie. If you have been convicted, plead guilty or found guilty at trial, to any crime, whether it be a misdemeanor of felony, you have to answer yes when the form asks if you have been convicted of a crime.

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