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Timothy M. Cornell
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Timothy Cornell’s Answers

38 total

  • When a class action lawsuit is filed by groups like ACLU & they represent individuals, do those individuals ever recover $ ?

    I am wondering about class action complaints which are supported and filed by groups such as ACLU. I see individual plaintiffs represented with nothing specified to be recovered except legal fees & costs & "equitable relief as court deems". do th...

    Timothy’s Answer

    When it's a case involving money damages, class plaintiffs usually receive some compensation for what they do. Typically it's in the thousands of dollars but if they have to do a lot and it's a big case, it can be in the tens of thousands of dollars. As compensation for their actual work, it's good money. For a suit that the ACLU typically brings, they are looking to bring about social change through an injunction and the class plaintiff is not usually compensated.

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  • Do I have a right to the unused portion of our paid in full money.

    We paid our 2 sons orthodontist (braces for both) balance in full, he subsequently became ill and sold his practice. We are extremely unhappy with the chain practice that bought it. We are wondering if we have any right to the unused balance of wh...

    Timothy’s Answer

    You could also just try asking them nicely if they'd let you out of the contract.

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  • How long do I have before I can take him to small claims court to get this money back the times were when he's on his feet

    Into thousand and eight my former spouse not only beat me up but threw me down a flight of stairs strangled me and put me through a wall I often to not press charges because he is a nurse and I agreed to allow him to paint me damages he signed th...

    Timothy’s Answer

    When he agreed to pay you and you accepted, that formed a contract. In New Hampshire, the statute of limitations for breach of contract is three years. So you have three years from when he broke the contract.

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  • What can I do (if anything) to stop this?

    I have a problem with a man who is constantly talking about me and spreading rumors and lies around about me. My husband has to listen to all of it while he's at work and it's messing up our relationship a bit. I have no proof other than my husban...

    Timothy’s Answer

    See if your husband can get someone who has heard this. If it's a lie, it would be slander if told to a third party, though damages would be hard to prove.

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  • What kind of lawyer do I need to sue cable company?

    We've been overcharge for 6 yrs. And they only credit us for 3 months..

    Timothy’s Answer

    Get a consumers rights attorney. If you can show that the cable company does this as a matter of policy to many customers, you could have a large class action case on your hands. Otherwise, a suit under consumer fraud would be the way to get your overcharge back.

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  • I accepted the offer of my partner in buying me out. Now,she changeS her mind. What are my ways to get out of this partnersh

    The business is new and we have not profit. I did set the company and worked in the business without salary. She is ok because she has another job. Since we had opened , she abandoned the business and try to sabohe tage my work , for example she d...

    Timothy’s Answer

    You have made an offer, in which you would trade something of value in consideration for cash. This constitutes a valid contract, so you could, in theory, sue to enforce the contract.

    As Pamela says above it would much better to work it out between you than to take it to court. Still, you should know that you have the leverage of a valid contract.

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  • My lawyer straight up lied to me repeatedly, and my phone system caught it`

    My new office system had the phones on auto-record every time there was an incoming or outgoing call. My lawyer told me that a case had been filed on my behalf in June, then July, then August. The other lawyer also tried to tell me that he couldnt...

    Timothy’s Answer

    • Selected as best answer

    I think you should check again on the Massachusetts wiretapping law. Contrary to what you write, Massachusetts requires the other party's consent to recording; M.G.L. c. 272, § 99. It is possible your office equipment could fall under exception for office intercommunication system, but not necessarily.

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  • Exactly what constitutes an abuse of judicial discretion? How about an example?

    none

    Timothy’s Answer

    When the court ignores what is required under the law or precedent, or is not reasonable in applying the law, the appeals court may find the court has abused it discretion. Because it is a harsh finding, appeals courts are reluctant to use it. But Supreme Court Justice Stevens gave a great example in Rita v. United States, 127 S.Ct. 2456 (2007) : "[A] district judge who gives harsh sentences to Yankees fans and lenient sentences to Red Sox fans would not be acting reasonably even if her procedural rulings were impeccable."

    Of course, some people would think that was entirely reasonable! If you Google that case, the justices give great descriptions of the various ways they apply abuse of discretion.

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  • Class Action question. If the defendant is in NJ but the plantiff's are all over the nation is there a "best" state to pick?

    There is a deep pocket defendant who is very guilty and I want to speak to someone about the matter? Witnesses will not only be in NJ they will be all over the country. I want to be very selective on the firm I choose to take this case. Is...

    Timothy’s Answer

    Yes, some states are better than others, depending on the type of case you have in mind. If the defendant is located in NJ, there is a chance the case could end up there, but the plaintiff always gets to choose the state from which to file.

    As to filing under seal, this depends on what type of case it is. You would file under seal if it is a whistleblower, or qui tam, suit, accusing the defendant of defrauding the government. For a class action of the type it sounds like you have, the judge will not allow a seal. Still, sometimes it is worthwhile talking to the defendant before you file, so that the defendant will be aware of what will happen when you file a very public suit.

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  • I have got a judgement based on a National Arbitration Forum award.

    Due to the State of Minesota vs. NAF scandal, indicating fraud, corruption and partiality, I wonder, if the award is still valid? The plaintiff's attorney, Mann Bracken, is out of business. Can I motion the Court to have the judgement vacated? W...

    Timothy’s Answer

    What an interesting question. Under the Federal Arbitration Act, you can vacate an arbitration decision on only a few grounds. Among others, a decision can be overturned where the decision was procured by corruption or fraud, or there is evidence of partiality or corruption in the arbitrators. As you point out, the State of Minnesota v. NAF scandal does provide strong evidence of this. So if you are still within the time period for appealing an arbitration, you may well have grounds. To find a local attorney familiar with this, I would contact your local bar association or ask a lawyer for a referral.

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