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Pamela Koslyn

Pamela Koslyn’s Answers

26,357 total


  • Question for product liability and litigation attorneys

    How long does it typically take for a law firm to actually file a risperdal lawsuit on your behalf after the firm has agreed to take your case? I have been represented by this particular Law firm for over a year regarding a risperdal lawsuit agai...

    Pamela’s Answer

    There's no definitive answer to this because there's no average. Every case is different and every law firm is different. This firm may be doing factual and/or legal research, and/or may be trying to organize a class action.

    You should ask one of the lawyers in charge of your case (not a paralegal, not an assistant - a lawyer whose name will be on the complaint) when your statute of limitations runs. That's their actual drop-dead deadline to file. Any other deadline is meaningless.

    But they're your lawyers and they should do what they say when they say it.

    Ask the lawyer in charge of your case when they will file your lawsuit. Ask them to send you copies of every document filed for or received by this firm. Ask them to send you an email update every month, and when any important event happens in your case.

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  • There are waxless candles made for sale that are done in the same methods giving a similar look and function. If I create a

    a way to hold the center tea light differently and still look the same as other candles, is this method able to be copyrighted or not? and if there are several ways to do this can these methods be copyright?

    Pamela’s Answer

    COPYRIGHTS are for expressive, creative works, like songs, plays, books, sculptures, paintings, etc. Candles don't get registered for copyrights.

    PATENTS are for inventions and processes, and it's theoretically possible to use a DESIGN PATENT or even a UTILITY PATENT if this candle does something differently than the "prior art," but patents are very expensive to acquire and enforce, so you're better off protecting a product like a candle with a TRADEMARK for your company's goods.

    The idea there is that a TRADEMARK, for an example GREEN GIRAFFE CANDLES, which is an arbitrary and fanciful name having nothing to do with describing the candle, would, through advertising and marketing, acquire association in consumers' minds with your company as a brand and the source of those goods.

    See your own IP lawyer to help you launch this business and protect your IP.

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  • Civil Petition

    If a defendant (Civil) files petition for relief from judgment/order ( three months after the final judgment is made), given that he has a reasonable ground, does he need to summon the other party or subpoena the other party? Federal civil procedu...

    Pamela’s Answer

    A Summons is to start a complaint. A motion for relief from a judgment in an existing case is not a new complaint.

    Litigation is not a DIY hobby. You're best off hiring a lawyer.

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  • How do I describe my relationship to plaintiff and defendant when testifying as an eye-witness?

    I was employed by a temp agency last year and contracted out to the plaintiff's business, which is now suing the homeowner whose property was part of the route on which I was assigned to perform my job duties. I was asked to testify as an eye-witn...

    Pamela’s Answer

    "Testifying" means live testimony, not a letter. Not sure why you'd want to write a letter to the company. It's extremely unlikely that anyone would accept a letter in lieu of your appearance.

    You were not "asked" to testify. You were subpoenaed. That's not an invitation you can decline, it's a court order.

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  • When you leave a business, how can you keep employees from spreading rumors

    had an employee leave and was spreading rumors

    Pamela’s Answer

    "Rumors" may, as my colleague suggests, a foible we humans are prone to.

    But some employers perform "exit interviews" with departing workers, making sure the employer gets their property back, and perhaps entering into a mutual release agreement to prevent possible lawsuits. when properly drafted, these kinds of agreements can contain confidentiality and non-disparagement clauses to discourage if not eliminate critical expression about the employer.

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  • Review Terms of Service for Volunteer Placement Not-For-Profit

    We are a startup not-for-profit organization that offers international volunteer placements and we want a lawyer to create our terms of service and review our current liability waivers.

    Pamela’s Answer

    There are plenty of lawyers in the Baltimore/DC area who can do this. Check Avvo's "Find a Lawyer" link for business lawyers in your area.

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  • Can I sue, or shut down online store?

    If an online vendor sells you multiple items and the quality of the product is cheap and and one item you didn't receive and you have proof and you request a refund and they refuse to refund can you have the store shut down or sue if they refuse ...

    Pamela’s Answer

    "Shutting them down" is not within your power, even if you successfully sue them. Anyone can sue anyone for anything, but it may not be worth it if the defendant is in another state, or provides for a refund policy and/or dispute resolution process (which you agreed to when you chose to patronize them) that's too difficult to pursue.

    Check the vendor's terms of use to see what their refund policy is and how disputes are resolved.

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  • Suing my bank for not resolving disputed transaction

    My bank has been screwing me by debiting the wrong checks from my account. These checks neither have my name nor account# on it. I had to call and resolve 6 such issues. Everytime they kept telling me it was an accident since my account# is "simil...

    Pamela’s Answer

    This is a customer service issue. Go to your bank branch in person and speak to a manager. Bring copies of the errors in your account and tell them if they don't credit your account for their mistakes, you'll close your account and go to a more responsible bank.

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  • Can I sue Dish Internet for forging (took from key pad) my signature on the contract.

    I am stuck in a 2 year contract and my internet never works. I never signed a contract. When I asked for a copy they put my signature on it illegally.

    Pamela’s Answer

    Since your getting internet service, even erratic service, you clearly know about this relationship and it's clear there's some kind of contract here. Did you authorize them to sign your name? "Took from key bad" sounds like you signed a device, rather than a piece of paper. Of so, that's not a forgery, that's an electronic signature.

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  • Is constitutional that the cellular phones companies, charge you a fee for early cancellation agreement ?

    No details

    Pamela’s Answer

    I know of nothing in the CA or the U.S. Constitution that would prohibit this.

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