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Alexander Nicholas Loftus
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Alexander Loftus’s Answers

38 total

  • Do I have legal grounds to sue a University for dropping a program without notice?

    I was enrolled for a year at a University for a program that had not "officially" launched, but had a cohort, course catalog and requirements to obtain my FNP. Without any notice, they dropped the program. They did not give us the option to be "gr...

    Alexander’s Answer

    You may have a claim. It really depends on what was promised to you and what else the credits could be used for. If they promised you a degree and you received nothing of value you (and others similarly situated) may have something to go on.

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  • What county do I file a suit? Lake County (Where I live...) or Cook County (My ex-employers plant/business location)

    I haven’t receive my last two paychecks from a company I quit in mid Sep. I have repeatedly tried to settle this, but I can't get ahold of HR (only 1 HR rep) ,when I do, she never follows-up. I've filed a claim with the IDOL in Dec., but I know ...

    Alexander’s Answer

    Pursuant to the wage payment and collection act (statute that covers your situation) you can file suit where you live. This is an exception to the general rule for venue referenced by the other attorneys.

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  • Can I dodge "counter claims" in defendant's answer to my complaint by dismissing my complaint?

    I never anticipated a counter lawsuit when I filed a suit. I wonder if since that counter suit is connected to my initial complaint, then will the whole thing go away if I dismiss it? Also, they name others as "civil conspiracy" and I am worried...

    Alexander’s Answer

    No. The counterclaims keep going even if you voluntarily dismiss your complaint.

    Also, it's not uncommon to settle so everyone just walks away and both are dismissed.

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  • How should I proceed?

    My employer says I am exempt--although there is no written documentation. I am often expected to work significant overtime without pay. My "duties" are clearly non-exempt. I filed a complaint without action with the DOL but I am wondering what ...

    Alexander’s Answer

    Overtime claims get complicated quickly especially with the recent changes in the law. The department of labor may be able to recover what is owed for you but if you retain an attorney several other avenues of recovery are available to you and you have more control over the process.

    Your claim will turn on exactly what your duties were and what percentage of your time was dedicated to each task.

    The whole thing is unnecessarily complicated, that's why lawyers specialize in this narrow little area of law.

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  • Do complaint filings have an expiration date if you make no efforts to serve opposing party?

    How long does a plaintiff have to make an effort to serve opposong party before complaint expires?

    Alexander’s Answer

    See Illinois Supreme Court Rule 103(b).

    Your complaint can be dismissed with prejudice for lack of diligence in obtaining service. There is no bright line rule in how long you can let it sit but it could be as little as 60 days. You need to attempt to serve the complaint ASAP. You don't need to be successful but you will have to demonstrate you tried to serve it.

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  • How can I protect my family?!

    September 1, 2015 my family was involved in a home invasion. We had Comcast Home Security and they never told us that we had to set up the commands in order for the cameras to record. After a lot of back and forth they agreed to refund about 3 mon...

    Alexander’s Answer

    Comcast is likely in trouble here. Breach of warranty, breach of contact, consumer protection act... Lots of potential avenues for recovery.

    I would assume the contract has some exclusions/waivers to help them here it's more likely than not something than can be worked around but it won't be easy. I'm working on a case right now in the Illinois Supreme Court that limits waivers of warranties that are likely at issue here. It's hard to contract against public policy.

    This is unfortunately a common situation to sue for ineffective security such as suing bars for not preventing fights or apartment building management for break ins. There is a lot of car law on both sides of this issue. Key is that the third party criminal conduct was foreseeable since you were recently a victim of the same type of crime.

    Good luck. Get after them!

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  • Can I get a law suit on the Cook County jail from being in division 3 in 2012 that is now labeled condemned???

    I lost my paper work that reference me in that division.

    Alexander’s Answer

    • Selected as best answer

    There is a class action going. Contact Lovey and Lovey.

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  • Is it illegal to work without over time pay?

    Im a CDL truck driver, i drive local for a small company of about 20 trucks, once or twice a week i spend a night out i do about 11 to 14 hours a day about 64 to 66 hours a week excluding my lunch break i only get straight pay no overtime i been w...

    Alexander’s Answer

    A federal law (FLSA) requires overtime pay for work in excess of 40 hours in a week. There are stiff penalties for failing to pay overtime. Unfortunately, there are a lot of exceptions to the 40 hour work week rules. Generally drivers such as yourself are exempt from the FLSA as are lawyers.

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  • Should our company hire an attorney to send demand letter for software license infringement?

    A client of my company purchased my company's software and is now reselling its own product that very explicitly incorporates my company's software. This is in violation of the click-wrap agreement it entered with us. My company actually found out...

    Alexander’s Answer

    • Selected as best answer

    You have a case but it may not be worthwhile to hire a lawyer. It appears your goal is be made whole financially rather than punishing the offending party. Whether or not to hire an attorney depends on what the damages are and whether the offending party can afford to pay.

    If the damages are significant (or the benefit received by the offending party) you may be able to find a lawyer who you can pay based on what you win.

    My firm handles a lot of cases like this and offers several options on fees depending on the likelihood of success and potential recovery.

    It's not worth hiring an attorney for something like this if the potential cost of winning is greater than the expenses of getting there.

    Good luck!

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  • A contractor quit job in my home without finishing the project.. What are my options.

    Hired a contractor where per the contract, 50% down and 50% when the work was fully completed. Well, during the work, found an issue where the contractor needed to redo in order to correct. However, he still wanted me to pay him in full before ...

    Alexander’s Answer

    Tread carefully. The contractor has a potential counter claim for you.

    It's important to document the breach of contract now.

    I have two case just like this going right now, one where I represent the home owner and one where I represent the contractor. It's imperative to document what the contractor did to breach the contract. If it's not clear he will argue at trial that you breached and he is entitled to full payment.

    If you can prove the contractor breached, you have a claim for the full cost of finishing the job, repairing any errors in the job done, and return of what you paid the failed contractor. You also have potential claim for attorney fees under the Consumer Protection Act or the contract with the contractor.

    Good luck! Get a lawyer to help ASAP.

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