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Earl Kenneth Mallory
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Earl Mallory’s Answers

1,310 total


  • What gave him the right to buy my records without my permission? Where is the HIPPA law.

    Made a deal with my dentist, 2500.00 for upper dentures and surgery to remove the roof of my mouth. Went to go through the final procedure to receive my permanent dentures and he sold the business. Proceeded to sue new dentist. They say he bought ...

    Earl’s Answer

    Dental Malpractice claims are complex. It appears from your posting that you sued the wrong dentist, not the one who performed the work on your teeth. Do yourself a favor. Hire a lawyer to evaluate your dental malpractice claim. If there are legitimate grounds for the action, the lawyer will normally represent you on a contingent fee basis. If the lawyer says that you have no case, believe it.

    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory

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  • Can I simply write a party a letter indicating my choice to exercise my right to void a contract that was signed under duress?

    Last year I wanted to start an unrelated outside company from my employer. We would develop software for law enforcement agencies. Because we're friends, I was willing to give the owners of the company I work for 10% equity in my to be formed comp...

    Earl’s Answer

    Economic stress is not duress. That being said, you should pay for a consultation with a local contract litigation attorney to fully advise you after a full review of your facts and circumstances.

    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory

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  • Why is it that lawyers don't want to discuss bringing an action for violation of 47 USC 333 by either an airline of police?

    Aircraft flight attendants order passengers to turn off cell phones and police issue summonses for using cell phones when driving, both in violation of the Federal Communication Act.

    Earl’s Answer

    The code section that you cite is not applicable to cell phones. Lawyers are subject to rules of procedure and while the rules allow for testing new or unique questions of law, no lawyer wants to be subject to Rule 11 sanctions.

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  • Can the new loan company legally repo my car or proceed successfully in court with the original lender listed on the lien?

    My original vehicle loan company was bought out by another lender about 4 or 5 years ago. I was not notified of the new lender or the sale of the loan other than receiving a bill from the new company. The original loan company is still listed on...

    Earl’s Answer

    Yes. A loan document containing a repossession clause can be assigned.

    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory

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  • What are my legal options? We desperately need help. Can we reverse the adoption or relinquish our rights to her legally?

    I adopted my niece she is currently 14 years old. The adoption went through out of state but we live in FL, our case was interstate compact. In the last 11 years we have tried everything but she does not want to be with us. Her behavior is out if...

    Earl’s Answer

    I am sorry that this is happening to your family. This may not be "just a legal issue." It may be that there is much more going on here than just a rebellious teenager. Depending on the circumstances under which she was adopted, there my be issues with Reactive Attachment Disorder ("RAD") or another severe mental issue going on. If you adopted her at age 3, I would not be surprised with a diagnosis of RAD Do your research and hire the best experts you can afford.


    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory

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  • Question pls thks

    how do you do motion to dismiss a small claims law suit. I did so in writing, and I asked the clerk if there is a form or protocol; she said no forms; she will just upload my dismiss request. she said small claims court is different. Is that ho...

    Earl’s Answer

    Even if you filed the Motion to Dismiss, you still have to show up at the pre-trial and all other court events. Your Motion has no effect until there is a hearing on your motion and it is ruled upon by the court.

    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory

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  • Why would the mortgage inspector pass an inspection if the work is not complete?

    We hired a contractor to restore our burnt home. the contractor has been paid by mortgage company for 91 percent completion. There is nothing there. why would a mortgage inspector pass an inspection when the work is not 91 percent complete. w...

    Earl’s Answer

    You need to hire a construction/busines litigator as soon as possible. There are several possible avenues for you to take to resolve your problem, but your attorney will be the one to advise you after being apprised as to all of the facts and a review of your documents.

    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory

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  • With an expunged record, will the FAA allow me to get my pilots license for private use?

    I live in Oregon and I have a clean record. 11 years ago when I was 19, I made a poor choice that left me with a felony record. I have since had the record expunged. I have always wanted to get my pilots license.

    Earl’s Answer

    Disclose fully on your medical exam form. There are many people with a “past” who are currently pilots. Don’t give up on your goal. You may have to jump through hoops, but the one hoop that you cannot get through is the failure to disclose, and getting caught. Once you get through the process, you can safely state on future reports “Previously Disclosed.”

    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory

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  • Does an email introduced as evidence, have to have all 3rd party information blacked out?

    I have several emails that I want to introduce into a unemployment hearing. Both the sender and recipient for each will be in attendance telephonically. First, is this enough to avoid hearsay, and second, if any email contains the name/information...

    Earl’s Answer

    • Selected as best answer

    Information on a document to be filed with the Court must be redacted in conformity with Fla. R. Jud. Admin. 2.425

    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory

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  • Can they force me to take deposition in this situation?

    I was served a Subpoena for Duces Tecum for deposition in aid of execution. I was told by a family member who is a lawyer that without a stamp of the clerk of the court the Subpoena is not worth the paper it is written on and I can not be forced t...

    Earl’s Answer

    In Florida, a subpoena may be issued in a case by an attorney of record in the case, and does not have to be “stamped” by the clerk. You need to show up, unless the Court issues a protective order after a proper motion is filed and a hearing occurs.

    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory

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