I'm 1099 with a contract for one year salary. The company has decided to stop paying me. The salary was to help pay for office expenses under my name. We are only a few months in contract. I can send the contract and text messages on them promisin...
You can sue anyone for anything. You are certainly entitled to be paid for the work you performed and can recover if you can establish that you did work for which you have not been paid. You are not going to be entitled to any pain and suffering or emotional distress on a breach of contract claim. Whether you are entitled to any payment for your office lease depends on the nature of your discussions and agreement with the company. Note that you are required to mitigate your damages so you may need to look into the cost of terminating the lease before you can seek the full remaining lease term.See question
The card did say, "Summons to Appear in Court" Call ASAP. I know that isn't how it works and it's to get a response, but should I call Douglas County first?
It appears that someone is suing you. It is impossible to know how serious it is until the process server actually finds you and gives you the papers that start the lawsuit. If you call the court and have them search for your name, you will find out the name of the Plaintiff. That may give you a clue what it's all about. It is likely that someone believes you owe them money.See question
My mother was hospitalized for infiltrates in her lungs. Over the course of a week she worsened and passed away. During that time they gave her medications they knew she was allergic too, didn't follow precautions or my requests so she developed b...
There is no way to know based on a paragraph posted online. Among the important issues that must be examined is what actually caused your mother's death. The personal representative of your mother's estate should seek to obtain her medical records and have a consultation with a medical malpractice attorney. There may be a case, but there is a lot more information needed in order to find out.See question
Sperm vial is from a donor who is no longer donating and now risk management is asking us to put a dollar amount on the vial that was destroyed. What is a proper dollar considering that they destroyed a vial.? We are currently expecting with the o...
In addition to the value of the sperm vial itself ($1,000 give or take?), you have lost the possibility of having a child who has the same biological father as your soon to be born child. Having gone through several rounds of infertility treatment myself, I understand how upsetting that is. However, it is difficult to determine what value, if any, a jury is likely to give to that lost possibility.
I have my doubts that the number is likely to be "in the hundreds of thousands" suggested by one of the other attorneys who posted an answer. You have not lost the chance to have a child - just the chance to have a child with the same biological father as your first child. It may not be easy to get a jury to see the value there - especially since successful fertilization with one vial of sperm is not a certainty in the best of circumstances.
I do think that the lost opportunity does have some value and that your loss is in excess of the base value of the sperm vial. Additionally, if you were to pursue a lawsuit for damages, the Defendant would have to spend thousands of dollars to defend the case even if they ultimately had to pay no more than the base value of the vial. For that reason, settling the case and putting this to rest without such expense certainly has value to the Defendant. However, I suspect that the real value of the claim is in the thousands of dollars rather than the hundreds of thousands of dollars.See question
A couple weeks ago at a Kmart I accidently left with a bundle of hair ties (ponytails) that were 3 or 4 dollars, IF that. Left the front doors and was stopped by someone who made me go back inside (by then I realized I forgot about them) and was f...
The demand is not for restitution. It is civil claim that Colorado law allows victims to assert against shoplifters. If the store takes you to court, they may be awarded up to $250 due to your shoplifting even though the property was worth much less and even though it was returned to them.
That said, the cost of actually taking the matter to court would likely be more than $250 and as a result I have never seen a store actually pursue such a claim in court. In most cases, the best course of action is to simply ignore the demand letter.See question
I have resided in the same apartment for 14 years, I have never been late on my rent. I am blind and do not expect to be treated differently than any other tenant. The management said they recently posted several complaints on my door, I only rec...
The Federal Fair Housing Act prohibits discrimination in the the terms, conditions or privilege of the sale or rental of a dwelling if the discrimination is based on a protected class. Disability is such a protected class. If you could establish that the reason that the landlord wants to charge you more than other tenants is because of your disability, then what he is doing may be illegal. If he can show that he has other reasons, not connected to your disability, then he has the right to change the rent. You may want to speak with a lawyer about exploring a Fair Housing Act complaint.See question
He was accused of shoplifting. When walmart security stopped him. He walked back with him to item he was accused of stealing. My son also lifted his shirt and let him search him.. Wal-marr Sercurtiy then tripped him. My son went to my moms van. Co...
If he is convicted of resisting arrest then he won't have any claim against the police officer based on bruises. His first order of business needs to be to work with a criminal defense attorney to ensure that those charges are dropped. Then he can consider whether it will be worth the time and expense to pursue a civil action based on the bruising he received.See question
I'm 5 months pregnant. If something happened to me (coma, death); and I was unable to take care of my child, I don't want the biological father to have custody. The biological father is an heroine addict, NOT currently in recovery, Unemployed. ...
I don't think you are required to provide the father's name for the birth certificate. However, that will not change his parental rights (if he ever chooses to assert them). If he were to ever seek to have custody orders entered, then the fact that his DNA matches the child's will allow him to do so. It will not make it any easier for your parents to get custody. If the father actually steps forward, he would still have a claim to the child.See question
Is it possible to have a new trial if the jury instructions were not clear and the defendant was convicted, then after conviction the defendant files an appeal? Also, what constitues a trail de novo?
A new trial is the usual result if an appeal is successful. A "trial de novo" is where the appellate court actually has a new trial rather than simply reviewing what happened in the trial court. This is very rare - in most instances the appellate court simply reviews what happened at trial and will remand to the original court for a new trial if appropriate.
Keep in mind that the vast majority of appeals do not succeed. The decisions of the trial court are entitled to deference and most appeal issues fail if the appellate court believes that the trial court's mistakes are "harmless error" that is not likely to have changed the outcome of the case.
Finally, if you are proceeding without an attorney your odds get even slimmer. If you want any hope of a successful appeal you must work with a good attorney.See question
My mother is 86 and has parkinson disease. He has no job and is not planning on getting one, he is also moving his 16 year old daughter in with them
Your first step is to talk to your mother. If she is able to make these decisions, then that is all that you can do - offer her your advice. If you believe that your mother is incapable of making decisions for herself and protecting her own interests, you may decide to seek appointment of a guardian and conservator to take over her day to day decisions (including whether other people will move into her house).See question