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William Emil Cassara
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William Cassara’s Answers

3,808 total


  • Can a Judge or Court order to amend complaint which will completely replace the original complaint?

    Can a Judge or Court order 'to file amended complaint which will completely replace the original complaint'? Is it considered giving advice by a Judge to a party?

    William’s Answer

    If a pleading is deficient, the court can either dismiss or tell you to amend it. Better that they do the latter.

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  • Can a court rules on the merits of a motion without permitting to brief it in opposition?

    This is the situation where a Defendant filed a motion that clearly states Plaintiffs were opposed and the Court granted it a day after leaving not opportunity to brief it in opposition. Does the Court (Federal) can do that?

    William’s Answer

    Mr. Klurfeld is correct. You can ask the court to reconsider but that is unlikely. Please don't do this pro se.

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  • International - issues with contest based in the US + health issue derived from it

    i'd like to know if there's any legal basis for filling a lawsuit based on the following facts: contests based in the US is open only to US legal citizens. i'm a non-resident US alien, born and living in brazil. this specific contest was ...

    William’s Answer

    The company is within their rights to limit the contest to US citizens. As such, you would have no basis for a lawsuit under these facts.

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  • Can i sue the court for violating speedy trial.

    I was told by my judge that if i wanted pubic representation, i would have to put a continuance on my case, otherwise i would have to represent myself. Public Defender didnt want to represent me in fear of malpractice lawsuit considering she wa...

    William’s Answer

    No you cannot successfully sue the court under these circumstances. Even if you have a valid case, the courts can't be sued.

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  • What charges might a defendant face if a minor who is between the age of 12 and 16 falsely alleges that the defendant raped her?

    What charges might a defendant face if a minor who is 12 or older but younger than 16 falsely alleges that the defendant raped her? Let's say that statutory rape was a fact because of the age difference but what if on top of it the victim alleges...

    William’s Answer

    you have indicated this is a school project. This is not a research tool. You need to do your own homework, lest you be accused of plagiarism.

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  • I was originally pulled over for speeding BUT arrested for a dui. If the speeding is dropped would my dui be also? Read details

    I was arrested a year ago for a dui I was 20 and my blood alcohol was .07. I'm turning 21 in a week still haven't received my official court date my lawyer has been pushing it further. I was told that theres a deal that I would have my speeding an...

    William’s Answer

    Unlikely, but these are things you need to discuss with your own lawyer, who obviously knows more about the case than we do.

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  • Can I do an IG or article 138 complaint against my commander for disclosing my mental health problems with another officer

    out loud in front of his office? There were many people around his office that overheard the conversation including myself. Thank you.

    William’s Answer

    You can, but as others have stated, you need to decide what relief you are seeking and whether it is worth it.

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  • Can I sue to get back the money I’m out and stress for having my car illegally towed?

    I parked my car in month long term parking area, paid the month parking fee and went on an extend trip. During the month I was a paying customer, the city still ticket my car for non-payment and eventually towed my car. My credit card shows that I...

    William’s Answer

    You may well be able to sue for the damage to your car and the parking/ticket costs. You can't sue for the stress.

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  • Should the Judge Recuse Himself? I know the odds of winning a Motion to Disqualify Judge are against me, but it's my only option

    Heated Divorce from 2nd wife, no kids, and a $5M Estate (Half is my Pre-Marital/Half Comm). She filed Divorce on 2/14/14. Order setting trial filed 8/3/15 w/ 3-Day Trial set for 9/9-9/11. On 8/10 P. substituted counsel now has team of 3 attys. My ...

    William’s Answer

    Whether I, or anyone else on this site, thinks the judge should recuse himself is irrelevant. He denied the request to do so, and you are now headed to trial. You have a $5 million estate, she has 3 lawyers, and you have none. This is not going to end well unless you get new counsel, and do it immediately.

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  • If I choose to give up custody of a child, do I still have to pay child support?

    I haven't seen my child at all since he was born

    William’s Answer

    The child is still owed support from his biological dad. You can't disown him.

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