James Adrian Cueva's Answers

Who do I sue?

Your first question should be whether your insurance covers this accident. If so, report the claim to your insurance carrier and let them deal with this headache. If it is not covered, you could sue both your friend (for negligent entrustment) and the driver (for negligence). Sounds like an easy case against the driver with no license. Bear in mind however, that even if you win your case, the defendant(s) may not have the ability to pay. You should probably consult with a lawyer to...

Selected as best answer

When a settlement is made in a civil suit and the party is given a certain amount of money, are they required to pay taxes on it

It depends. Settlements for personal injury are generally not taxable as income. However, settlements for things like unpaid wages or lost profits are generally taxable. In order to report this to the IRS ask the person receiving the settlement to fill out an IRS Form W-9 "Request for Taypayer Information." After you get an executed (signed) W-9 and you have the person's social security or taxpayer ID number (or EIN in the case of a corporate entity) you send in a 1099 to the IRS reporting...

5 lawyers agreed with this answer

Can I be fired for these reasons?

If you were fired, you still need to get paid. Otherwise, it's a violation of the Fair Labor Standards Act and the Florida Minimum Wage Law. Whether they were justified in firing you is a whole different consideration, however Florida is an at will jurisdiction meaning that unless you have an employment contract, you can be fired (and you can quit) for any reason, with or without advance notice, so long as the dismissal is not for a discriminatory reason or in retaliation for exercising...

4 lawyers agreed with this answer

What's the difference between nolo contendere and nolle prosse. why do they make this stuff so confusing

You post did not come through completely, but I think I can answer this regardlesss. Nolo Contedere is a PLEA that's entered at arraignment or anytime before a jury returns a verdict. You have three options, you can PLEAD NOT GUILTY, NOLO CONTENDERE (which is just a fancy way of saying No Contest), or GUILTY. Generally a NOLO plea is better than a GUILTY plea for reasons that go beyond the scope of your question. NOLLE PROSSE is a disposition. It's a decision by the State not to...

4 lawyers agreed with this answer

Do I need to file an 'Amended Motion for Continuance' in Federal Court?

Wow, my first instinct is why did you file in federal court as a pro se plaintiff unless you are just a glutton for punishment. The federal court is way more stringent with regards to time deadlines and more rigorous in its filing requirements. Anyways, all you need to do is file a certificate to the effect that you have confrerred with opposing counsel and that you could not agree on your motion. You of course need to actually call them and confer before filing the certificate. Have...

Selected as best answer

During litigation is it only relevant if one of the defendants has committed a felony or if they are also presently in prison?

In what context? Prior convictions are only relevant in very few circumstances. Likewise evidence of prior convictions is only admissible in certain circumstances. Usually, if this is going to be an issue at trial, the attorneys will file a motion in limine to exclude that evidence or testimony from trial. That way, the jury doesn't even get to hear about the convictions. Whether or not something is relevant is a very fact specific determination depending on the facts and circumstances of...

3 lawyers agreed with this answer

1 person marked this answer as helpful

How is a deposition in a civil case conducted and how is it different from a mediation ?

The answer is that it is very different. A deposition is basically an interrogation under oath with a court reporter writing down all of the questions and answers. The attorney for the other side is asking all of the questions. A mediation is basically a settlement conference with a neutral mediator who tries to help the parties reach a settlement. In mediation everything that's said is confidential and cannot be used in the lawsuit. A deposition IS THE EXACT OPPOSITE. Everything you say...

3 lawyers agreed with this answer

1 person marked this answer as helpful

Job offere cancelled,position advertised

Agree with the other attorney who posted here. You are in a tough spot. You arguably are entitled to the signing bonus if the only condition was that you start work with the new company. I would argue that you are entitled to the bonus on a breach of oral agreement or a promissory estoppel theory. I believe there may be case law on point on this issue in Florida. The problem is going to be proving your damages beyond the amount of the bonus. You could sue to recover the amount of any...

Selected as best answer

Does a lawyer have to convey all settlement offers to their client, including an offer of $0 ?

I had to chuckle at this question becasue you actually made me look up the rule on this one. I am going to say the answer is that yes a lawyer needs to communicate your zero dollar settlement offer to the other side. The relavant rule (4-1) is reproduced below in its entirety. Doesn't matter if the amount is zero or $1.00, the offer should be communicated. RULE 4-1.4 COMMUNICATION (a) Informing Client of Status of Representation. A lawyer shall: (1) promptly inform the client of any...

Selected as best answer

Can I sue for false arrest and/or imprisonment?

Maybe. You say that you were charged with possession and tampering with evidence, but you did not state whether you actually spent any time in jail. Proving anything other than nominal damages in your case (based on the facts or lack thereof as to actual imprisonment) is going to be difficult. For example, were you not hired for a job as a result of this false arrest? Sounds like the criminal charges were rightfully dropped, but I just don't see where you have a very valuable case for...

3 lawyers agreed with this answer