Robert John Bogdanowicz III’s Answers

Robert John Bogdanowicz III

Dallas Litigation Lawyer.

Contributor Level 8
  1. Do I need to include case law in my evidence of fact on a No evidence Summary Judgment? TRCP 166(a)(i)

    Answered about 1 year ago.

    1. Robert John Bogdanowicz III
    2. Mario L. Vasquez
    3. Nicholas Alan Howard
    3 lawyer answers

    I'm a bit confused by your question. If you're the one moving for a no-evidence summary judgment, then all you need to do with respect to "facts" is identify (as specifically as possible) what element or elements of the opposing party's claim(s) or defense(s) are lacking in respect to any admissible evidence. For example, if you were moving for no-evidence summary judgment on a negligence claim and believed there was no evidence to support the "duty" element of a negligence cause of action,...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Non-Compete Agreement in TX for 2 years after Termination, I think is too broad. No limit on them.

    Answered 3 months ago.

    1. Dwaine Morris Massey
    2. Robert Werner von Dohlen
    3. Robert John Bogdanowicz III
    4. Steven Eugene Clark
    4 lawyer answers

    I would call Texas a "pro" non-compete state. Since 2006, it has become pretty easy for employers to enforce non-competes. That said, generally speaking, 24 months is a reasonable duration--heck, I've enforced 36 months before. With respect to your particular situation, realize that Texas is a "blue pencil" state--so even if a judge thought 24 months was unreasonable, he/she could "pencil" in a shorter timeframe. Good luck!

    1 lawyer agreed with this answer

  3. Are the deadlines (discovery, expert witnesses, etc. the same as in Family Court?

    Answered over 5 years ago.

    1. Robert John Bogdanowicz III
    2. Stephen Lee Daniel
    2 lawyer answers

    The Texas Rules of Civil Procedure apply in the same manner. Typically, discovery responses are due within 30 days of receipt (unless they are sent with a petition and citation) not counting the "mailbox rule" of 3 days. Rule 11 Agreements can alter deadlines, much like in family law practice.

    2 people marked this answer as helpful

  4. Do I need to go back to MX?

    Answered over 3 years ago.

    1. Robert John Bogdanowicz III
    1 lawyer answer

    Take the time out to visit a reputable immigration attorney in Dallas. There are several good ones. They will take a few minutes to explain your situation to you and, ideally, help you with any necessary paperwork you need to file with the U.S. government. The reality is you may need to apply for an I-601 hardship waiver, and that does involve going back to Mexico. There may be other options, though, so sitting down with an immigration attorney for an hour is well worth your time (and money).

    1 person marked this answer as helpful

  5. In the state of texas, can i settle my worker's compensation claim without the assistance from an attorney

    Answered over 5 years ago.

    1. Robert John Bogdanowicz III
    2. Michael J. Helfand
    3. Peter Marc Schaeffer
    3 lawyer answers

    While you'll rarely find an attorney advising someone to forego legal counsel, the truth is you do not need an attorney to settle your workers' compensation claim in Texas. However, as it's been said, an experienced workers' compensation attorney may be able to negotiate better on your behalf. If you feel comfortable without one, that's certainly your prerogative-- but you might want to consult with an attorney first to double-check.

    1 person marked this answer as helpful

  6. Can I file a "motion to dismiss" for a case that is against me? The case has been ongoing for almost 6 years.

    Answered 3 months ago.

    1. Robert John Bogdanowicz III
    1 lawyer answer

    You cannot file anything on behalf of your husband. That is the unauthorized practice of law. I suggest you have your husband contact his court appointed attorney.

  7. CAN I SUE A BREEDER WHO GAVE ME AKC PAPERS TO A BOSTON TERRIER BUT COME TO FIND OUT HE ISNT REALLY A BOSTON TERRIER?

    Answered about 3 years ago.

    1. Robert John Bogdanowicz III
    2. Cynthia Russell Henley
    3. Derryl Stephen Halpern
    3 lawyer answers

    Sure, you can, but it may not be worth your while to pursue her in court, even if you choose to proceed without counsel. You will probably need an expert witness to provide the opinion that your dog is not a purebred Boston Terrier. Experts cost money. You may need an expert (a different one, if that one cannot provide an opinion) as to the cost difference between a purebred dog and yours. I'd call the breeder and ask for a reasonable refund and avoid litigation completely.

  8. How does it take for a judge to rule regarding a motion to dismiss 12 (b) by the defendant.

    Answered about 3 years ago.

    1. Harold Benjamin Gold
    2. Robert John Bogdanowicz III
    3. Christine C McCall
    3 lawyer answers

    Like others have said, it's a crapshoot. I've had a federal judge sit on a similar motion for ten months.

  9. I'm being supenaed as a witness but I intentionally refuse to open the door for the serve to deliver the subpoena.

    Answered over 3 years ago.

    1. Roland Scott Lyford
    2. Robert John Bogdanowicz III
    3. Alan James Brinkmeier
    3 lawyer answers

    Contempt. Honor the subpoena and get it over with.

  10. Fall in Tx based grocery store on water by ice machine now need neurosurgery for bone splinters off previous fusion

    Answered over 5 years ago.

    1. Robert John Bogdanowicz III
    2. Andrew Thomas Hawkins
    2 lawyer answers

    Should you consult a lawyer? Absolutely. There are many excellent personal injury attorneys in the Abilene area that would be able to give you a good idea of what your options are. Generally, though, what you're describing is known as a "premises liability" case. You have to prove that the store was negligent in allowing a dangerous condition to exist on premises. One of the biggest hurdles you may have to prove is what's called "notice." Notice means that a store employee knew or...