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Robert L. Flanagan

Robert Flanagan’s Answers

42 total


  • I know have seizures do to the medicine Imitrex where I didn't before should I file a lawsuit?

    I have seizures very bad migraines tremors too.

    Robert’s Answer

    You should find a lawyer who has experience in medical malpractice to evaluate your possible claim.

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  • I have a meeting with Social Services as a follow up for allegations of neglect, How do I answer questions?

    On Sunday the 21st Fathers day. My wife left for work and myself my 7 year old and my 22 month old were at home. I went to the restroom and started to pick up the house when I noticed that my 22 month old was nowhere to be found. He can open doors...

    Robert’s Answer

    Your facts indicate that there are some judgment calls to be made by the child protection officials. There is sufficient evidence for a finding of negligence. I suggest you confer with a lawyer before the meeting. If necessary, you can reschedule the meeting. There is no harm telling them that you are conferring with an attorney before you meet with them.

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  • Can I sue for reimbursement of medical expenses?

    My wife found out I was doing some unsavory things. She took out a MIW on me. The police show up asunder take me to emergency psych. I wasn't suffering from mental illness so after my intake interview with the psychiatrist and the social worker, I...

    Robert’s Answer

    Your question is not specific as to whom you would sue. If you want to sue your wife, the answer is maybe yes. If she conspired to have you held if there was no reason for the professionals to believe that you were a danger to yourself or others. However, you have some problems. First, you have the burden of proof. What she said to you is evidence against her. However,, she will probably produce records from the facility that show that there was good cause. Furthermore, you have admitted to "unsavory things". Do you want a public record of such conduct?
    If you put this question on a law school test, you might get a conditionally affirmative response. However if you talked to a lawyer with common sense, there are some red/yellow flags that will be in the air.
    By the way the cause of action in question would be false imprisonment and conspiracy to commit false imprisonment.

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  • Can I offset a debt to another from a larger debt they owe me? Both debts are documented.

    I am owed a large debt held in a constructive trust. I am now also in debt to that person by about 8% of that debt/trust. Can I offset my debt to them by reducing the mount of the trust? Is there a specific law that says I can or can not ...

    Robert’s Answer

    In general if a person owes you money and you owe them a lesser amount, you can claim an offset. However the phrase "a large debt held in constructive trust" is not informative enough to give you an answer. You need to have a consultation with a lawyer to get your answer.

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  • Trying to find a lawyer to sue another lawyer for falsafiing a power of attonerney (poa) . How do I do that

    A lawyer notarized a poa for my brother , who used it to take everything my dad had , bank accounts , credit cards ,stocks ,bonds , personal things. The lawyer from Maryland notarized the poa in Maryland when the poa was filled out and signed b...

    Robert’s Answer

    It is only your father or his representative who can file a suit against you brother and the Maryland lawyer. However do not overlook the banks and other institutions who accepted the power of attorney. There may be a claim against them.

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  • Family builds something on my property and leaves building and wants me to pay for building.

    My father in law (who we have had a falling out with), built a pole building on my property. We never had anything written saying that he could do this, nor agreement that I would pay anything for the building. He used this building for his busi...

    Robert’s Answer

    Apparently he had your permission to build before you had your falling out. However you did not agree to pay for the building and there does not seem to be any reasonable expectation that you would pay him. I doubt if he would be successful in making a claim against you. The issue needs to be further explored with you attorney. Another important question for you attorney is how to cut off any claim of adverse possession.
    Good luck!

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  • Child in court

    Can a judge order a child to be brought to court if there's likely to be a change in custody?

    Robert’s Answer

    Yes, the court has the power and authority to do so. However, it would be unusual.

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  • Can I get a restraining order for my daughter?

    The mother of my child and I have been split up for almost a year now. She recently got into a relationship with another man. The man posted a picture of him and my 2 year old daughter online and I asked my daughters mother to ask him to remove it...

    Robert’s Answer

    Send him a demand to cease his phone calls immediately. If he continues you can press criminal charges and seek a restraining order to protect yourself. You can also request a restraining order to protect your daughter. However, his conduct towards her may not fit the criteria for a protective order.

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  • Restraining orders against ex in another state

    My ex-girlfriend is demanding money in the form of gifts and money, and is making outlandish claims that I have abused her mentally and emotionally. She calls my job and makes claims that she will get me fired if I don't do what she says. I ha...

    Robert’s Answer

    You should hire a lawyer to send her a letter demanding that she cease and desist all communications, including phone calls/texts to you or your office and emails. If she continues after the letter is sent, you have several options including preferring criminal charges and requesting a peace order. As my colleague advised, you need to consider which jurisdiction is most appropriate. Jurisdiction over this type of conduct is an area of the law in flux. It will require careful scrutiny

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  • So confused...

    I fell behind in my child support payments & ex is having my wages garnished which I'm fine with. The custody order & CS order are from MD, ex moved my child to DE & I live in VA. Ex has NEVER notified MD Court of any of her 7+ new addresses. Ex w...

    Robert’s Answer

    • Selected as best answer

    Jurisdiction over custody and visitation is a separate issue from child support enforcement. Maryland issued the original custody order and retains jurisdiction. You can file contempt or complaint for enforcement or complaint for modification in Maryland. If you file something in Delaware, you may subject yourself to jurisdiction over child support issues, that may not exist now.
    Delaware child enforcement is acting properly in moving to enforce garnishment in Virginia. That issue is separate and distinct from custody and visitation issues. Go see a Maryland lawyer about filing in this state for any related issues.

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