Michael Thomas Poulton’s Answers

Michael Thomas Poulton

Phoenix Litigation Lawyer.

Contributor Level 13
  1. My spouse drinks & drives, if he damages property, hurts someone, or worse, causes death, can we both be sued?

    Answered 10 months ago.

    1. Michael Thomas Poulton
    2. John Eugene Kelly
    3. Christian K. Lassen II
    3 lawyer answers

    As his spouse, you are liable for debts he incurs while married. If he injures or kills someone and his insurance does not pay the full amount of the judgment against him, all of your assets are at risk. Only your "separate property" is safe - assets you had before the marriage, or which he specifically disclaims ownership of.

    10 lawyers agreed with this answer

  2. Is there any recourse to a legal contract I signed with a dating service and recovering my money?

    Answered 7 months ago.

    1. Michael Thomas Poulton
    2. Steven Roger Rensch
    3. Mishka L Marshall
    3 lawyer answers

    It depends on what the contract says. If the contract does not say that you are entitled to a refund under these circumstances, then they are not obligated to give you one.

    Selected as best answer

  3. Girlfriend got a DUI as a passenger in her car, how much trouble is she looking at?

    Answered 7 months ago.

    1. Ryan W Cummings
    2. Michael Thomas Poulton
    3. Amanda Salcido
    4. Ethan Patrick Meaney
    5. Christopher Irvin Simser
    5 lawyer answers

    This is not a very good case for the prosecution. She needs to hire a DUI attorney immediately.

    8 lawyers agreed with this answer

  4. Communicating a threat.

    Answered 7 months ago.

    1. Michael Thomas Poulton
    2. Brian Curtis Pascale
    3. Andrew Mark Jaffe
    3 lawyer answers

    No, that is not a threat. He said he hopes you die soon, not that he's going to kill you. There is no evidence at all that the person intends to harm you, or has the capability of doing so. The statement is not a threat, and is speech protected by the first amendment. Wishing death on your enemies is constitutionally protected, although not very courteous.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Pregnancy discrimination or just a bad employer?

    Answered 10 months ago.

    1. Michael Thomas Poulton
    2. Mishka L Marshall
    2 lawyer answers

    Based on the information you stated here, it sounds like you may have a claim for discrimination. It is improper for an employer to inquire about children and pregnancy during an interview. If you are interested in taking legal action against the company for this, you should consult with an attorney as soon as reasonably possible to determine whether you have a good claim and what you should (and should not) do to help preserve that claim. Our firm, like many others, offers free consultations.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Does the following go against copyright laws if your website name is similar to another and the only difference is a '-' (dash)?

    Answered 8 months ago.

    1. Michael Thomas Poulton
    2. Michael T Warshaw
    3. Daniel Nathan Ballard
    4. Bruce E. Burdick
    5. Robert J Adams Jr.
    6. ···
    6 lawyer answers

    This is not a copyright issue, but it is a trademark infringement problem. It would be inadvisable to do what you propose, unless your business is so completely different from the other one that they cannot compete in any way.

    6 lawyers agreed with this answer

  7. If I plead guilty to dog at large with bite charge am I then admitting guilt for the bite?

    Answered 9 months ago.

    1. Michael David Myers
    2. Michael Thomas Poulton
    3. Christian K. Lassen II
    4. Jeffrey Mark Adams
    5. Samuel Cohen
    6. ···
    6 lawyer answers

    Pleading guilty to that specific charge will likely prevent you from contesting the claim of the bite in a civil case. It's a res judicata issue - admitting the bite in one court conclusively resolves the factual question of the bite in all other courts in the future. But why plead guilty to that charge if there is doubt as to which dog bit? That's reasonable doubt.

    6 lawyers agreed with this answer

  8. I withheld part of the security deposit of my tenants for cleaning and they are telling me I cannot withhold deposit for cleanin

    Answered 10 months ago.

    1. Anne Brady
    2. Michael Thomas Poulton
    3. Ellen K Lawson
    4. Cheryl Rivera Smith
    4 lawyer answers

    Unless the written lease contract states that a portion of the deposit is non-refundable as a cleaning fee, you will likely lose. Cleaning is not repair of damage, which is what you can withhold the deposit for. Additionally, you must have complied with the Arizona Landlord Tenant Act's requirements regarding move-in checklists, move-out inspection, and timely accounting for deposit funds. If you did not, then you will owe your tenants three times the amount of money you have withheld, along...

    6 lawyers agreed with this answer

  9. Can a school district refuse to hire you within their district?

    Answered 11 months ago.

    1. Christian K. Lassen II
    2. Michael Thomas Poulton
    3. Bruce M Squire
    4. Michael Douglas Shafer
    4 lawyer answers

    No employer is obligated to hire you, or to keep you employed if they do not want you to work there.

    6 lawyers agreed with this answer

  10. This lady was having a yardsale and I fell on a person property. I severely sprain my ankle. I lost jobs and income.

    Answered 11 months ago.

    1. Mark A Kille
    2. Gerald R Stahl
    3. Christian K. Lassen II
    4. Michael R Crosner
    5. Philip Anthony Fabiano
    6. ···
    10 lawyer answers

    Just because you tripped on someone else's property does not mean they are necessarily liable for your injuries. What happened, exactly? Why did you fall?

    6 lawyers agreed with this answer

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