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I have been emailing back and forth with a major chain furniture company that has been giving me the runaround about paying me back for damages the sofa sleeper did to my landlord's carpet. I recently moved (still with same landlord) and was right...
Generally when there are legal disputes the parties' lawyers, or their insurers, contact non-party witnesses to obtain information which will help them evaluate the case. I think the furniture company's contact with the landlord regarding the carpet is the kind of ordinary witness contact that goes on in virtually every litigated dispute.See question
In Vermont Family Court plaintiff's lawyer has absolute and credible evidence his client is lying - But, conveys those lies as truths in order to advance and prevail clients case. Said attorney also has credible evidence the child is being abused ...
Lawyers, generally speaking, when acting as lawyers, are not "mandated reporters" for child abuse. A lawyer is under a duty of undivided loyalty to the client. A lawyer is required to hold confidential communications made by his client for the purpose of obtaining legal advice. This is the attorney-client privilege, and the exceptions to it such as the "crime-fraud exception" are very narrow and rarely encountered. If a client discloses to a lawyer information regarding the client's past criminal acts, the lawyer must hold that information confidentially and not disclose it to anyone. Whereas mandated reporters such as therapists are required to disclose information that might otherwise be held confidentially.
Lawyers are ethically prohibited from presenting testimony to the court which they know to be perjured testimony.
Not legal advice, just general information. To obtain legal advice you can rely on, based on all the relevant facts and circumstances, not just those you disclosed here, consult a Vermont lawyer confidentially.See question
IL case. I need to serve a subpoena to produce documents on a corporation in California. What is required by CA law so that it doesn't get kicked back?
I don't think there's enough information here to answer the question. It sounds like you are issuing a subpoena in an Illinois proceeding on a California corporation. The first question that comes to my mind is, if the corporation doesn't comply, how is compliance to be enforced, if the California corporation is not subject to the jurisdiction of the Illinois courts? Imagine that you received a subpoena from a court of a remote state in which you have no contacts. You would just laugh, right? How would that remote court have jurisdiction to give you an order?
In many states there is a procedure called "Letters Rogatory" whereby one court issues a document asking the other court for assistance. A "miscellaneous proceeding" is then opened in the other state (which involves payment of a filing fee), and then the other court issues the subpoena on the nonparty in its own state, and the party then causes it to be served on the nonparty. Other states have streamlined the procedure so that letters rogatory is not necessary, but the process still involves paying a filing fee in the other state and obtaining a subpoena that issues from the local court, which can then enforce it (or quash it) if some controversy arises over its propriety or scope.
California undoubtedly has a specific procedure. I do not recommend navigating this process without counsel.See question
I got my car repaired back in December. Had problems with it after I got it back. I found out today from the State of Michigan that the repair shop is NOT registered or licensed with the state. I was told by the state that they are ordering the re...
If you get a full refund, you have no damages, and thus no reason to bring a lawsuit.
Everybody has heard of class actions. But class actions are only when the class of persons harmed is extremely numerous, up in the multiple hundreds or thousands or tens of thousands or millions. You don't bring a class action on behalf of thirty or forty people. You bring a lawsuit with thirty or forty plaintiffs.
But at the end of that process, assuming you were successful, you would get a court order ordering the defendant to give you a full refund. And you already have a representative of the government ordering them to give you a full refund. So probably there's no need to sue at all.See question
I have never had to sue anyone until now. Basically, I have a auto mechanic who refuses to give me my car back, has been overpaid and is now trying to come up with new things to repair which were never discussed nor authorized. I paid him off in...
If he has a lawyer and you don't, it doesn't mean he will automatically win. But the lawyer may spot some weakness in your claims which you do not suspect. You are best off getting some legal advice, but whether you need representation in the case is something you should discuss with counsel during your consultation.See question
I worked at a restaurant in Kotzebue, AK As a cook and was injured my hand from restaurant which resulted my left index finger disable I can't work anymore I am thinking of making claim on restaurant I am currently going hospital to get physi...
The worker's compensation bargain, as it's called, is that all the injured worker has to do is show that he sustained injury in the course and scope of his employment, and he becomes entitled to benefits under the worker's compensation law. The employer's side of the bargain is that the employer gets IMMUNITY from suit. The injured worker's EXCLUSIVE REMEDY for injury sustained in the course and scope of employment is benefits under the worker's compensation law, and if the worker brings a lawsuit against employer, generally speaking, the lawsuit will be dismissed.
That's the general rule. There are some very narrow exceptions to the rule. I suggest you seek out a lawyer who handles worker's compensation matters on behalf of injured workers, to get legal advice you can rely on.See question
We Purchased 2nd home in Vt for vacation. The home went only in my name as the money to purchase the home was from an inheritence. The home was lost in a fire and now we have only the land. I would like to add my spouses name to the deed.
To ensure that's it's done properly, and to avoid pitfalls, I recommend you hire a lawyer who practices real estate law to do it. It shouldn't cost very much. The reason is that there are different ways to hold title, and those ways of holding title have different implications. For example joint tenancy with right of survivorship differs from tenancy in common and differs from tenancy by the entirety. The lawyer will explain the implications of these different ways to hold title with you before preparing the new deed. If you just did it yourself, you might create headaches further down the road, when a court would have to decide the meaning of the language in the deed, and how title was in fact held.See question
I have been advised to find an attorney/lawyer to help evaluate my situation involving my husband's multi-car accident, and I've contacted a few with no response, but most of them seem to represent personal injury. I recently received a subrog...
A lawyer who handles auto accident claims ought to be able to advise you competently. A subrogation claim arises where someone sustains damages in an auto accident, and has auto insurance that covers the damages. The person receives compensation for their damages, and contractually gives up the right to pursue a claim for damages against the person who caused them. Instead, the rights of that person are subrogated to the rights of the insurer, and the insurer then has the right to proceed against the person who caused the accident, to recoup what the insurer paid out to its insured.
Good luck.See question
In State of Vermont family court, defendant, during an evidentary hearing was denied his pro se right to cross examine witnesses or plaintiff, present own evidence as exhibits and present own witnesses because hearing was suspended AFTER the plain...
Family law cases can't be removed to federal court.See question
I am defendant Pro Se, father from NYS in VT family court. Plaintiff, who is from VT and child's mother has been granted temp sole custody, has committed extreme perjury in over 99% of her testimony in 3 different proceedings and in documents subm...
The leading Vermont Supreme Court decision discussing the question when relief from judgment may be granted based on fraud versus "fraud on the court" is Godin v. Godin, 168 Vt. 514 (1998). The text of that case may be found at https://casetext.com/case/godin-v-godin-1. Although the facts of the Godin case do not seem similar to the facts you posted above, you should read that decision closely, as it makes very clear the distinction between fraud and "fraud on the court" which has a special meaning, and which appears to differ from how you used the term above.
Good luck.See question