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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,275 total


  • Vacate a judgment for fraud

    How long aftwr tou discover fraud on a civil lawsuit can u file to vacate a judgment

    L. Maxwell’s Answer

    The law will often distinguish between "intrinsic fraud" and "fraud on the court" in respect of the applicable time limitations, and provide a longer limitations period for the latter. Making a motion to vacate a judgment by reason of fraud is no sport for amateurs; many lawyers have never encountered the "intrinsic fraud" vs. "fraud on the court" distinction. Moreover, if (for sake of argument) there was a fraud going to the jurisdiction of the court--so that the court actually did not have jurisdiction over the parties or over the claim--there may not even be a time limitation.

    So instead of attempting to understand which of several limitations periods may apply--something about which learned counsel may sometimes reasonably disagree--go see an experienced civil litigator, who can help you evaluate whether you have grounds to proceed with the course of action you indicate.

    Not legal advice as I don't practice law in New York. It's just my two cents on your question in light of some general principles of law. Consult New York counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

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  • Can I hire an attorney simply to argue what I want him to?

    If I pay them, are there attorneys who will argue for me and allow me to have my day in court? Win or lose?

    L. Maxwell’s Answer

    Yes, provided that there is some basis in law and fact for what you want them to argue. Lawyers are "Officers of the Court" and this places some limits on what they may say and do before the court. They cannot, for example, present the testimony of witnesses they believe will testify falsely. Moreover, if lawyers present claims to the court which are demonstrably frivolous (not merely arguable, but without any basis whatever), they can be sanctioned by the court. So a lawyer cannot just argue WHATEVER the client wants him to argue; what the lawyer argues is going be subject to the professional and ethical limitations placed upon him by ethics rules and his duties to the tribunal itself.

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  • How do I get this removed from the company's internal security system so I can get a job and move forward?

    A woman called the police and made false accusations about me. The police came to my home and investigated. They found no evidence or foundation for the accusations, but I lost my job anyway. Now, a year later, I am being denied re-hire/employm...

    L. Maxwell’s Answer

    I am unaware of any principle of law which would permit you to influence a private employer's record keeping in respect of its internal security system. It may be unfair that you lost your job in connection with this incident, but nothing in what you posted above leads me to suspect that your private employer's conduct in terminating you violated the law, or that this employer has a legal obligation to re-hire you, or that employer is obliged to alter its internal security record-keeping because the police found no foundation for the accusations. Employees who are not members of unions covered by collective bargaining agreements have very few rights in respect of their employers.

    Not legal advice as I don't practice law in Iowa or hold Iowa licensure. It's just my two cents on the facts you describe in light of general principles of law. Consult Iowa counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

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  • Is it legal to sell Jello Shots at a garage sale?

    I was hoping to sell jello shots along with baked goods at my garage sale this summer. Do i need to get a special liquor permit for the jello shots?

    L. Maxwell’s Answer

    I wouldn't count on it. Probably someone at the link below will be able to answer your questions with more definiteness:

    https://www.cityofmadison.com/clerk/licensingLiquor.cfm

    Good luck!

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  • What are the employers issue with me?

    I'm a 55 year old female and I have been looking for work for 18 months or more. Previously worked as a teachers aide. I applied for some jobs in my old position as a housekeeping/room attendant and no one never calls. I went to a interview 3 week...

    L. Maxwell’s Answer

    It's hard to know. Could be age discrimination, which is illegal. Could be something wholly personal to the interviewer, i.e., s/he just didn't like you, which would not be illegal. On the facts you state, we can't tell one way or the other.

    The thing about lawsuits is, the plaintiff has the burden of proof. A hunch is not evidence, and the fact of not having been hired, without more, is not enough to sustain a lawsuit. Keep at it, and I wish you good luck in your job search.

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  • Are people allowed to post personal information about your children without permission?

    My ex husband has upset a lot of people over the years. There is one website in particular that writes some pretty negative things about him. I recently noticed that the webmaster had put up a copy of an injunction I filed 4 years ago. While I und...

    L. Maxwell’s Answer

    I know of no general principle of law that would make it unlawful to post a court order on one's website, even if it contained children's names and birthdates.

    Not legal advice, just my two cents. I don't hold Florida licensure or practice there. Consult Florida counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

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  • Is my employer able to give free copies of my work on expert witnesses without any compensation to me?

    I have been a court reporter over 30 years. My recent employer where I get my jobs from seems to think his client who gets an original and 2 copies, that his client can give away one of those copies for an expert witness de bene esse to one of th...

    L. Maxwell’s Answer

    The link below looks relevant. But it's not encouraging.

    http://www.ncra.org/Government/content.cfm?ItemNumber=9435

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  • What action can be taken, if any at all?

    We have planned a family vacation to Puerto Rico on May 29th for my family of six, two kids and my older mother included. Due to the Zika Virus outbreak there, of course we no longer want to go..I have contacted united airlines twice about this an...

    L. Maxwell’s Answer

    Just reasoning about it, when you bought the tickets, surely you bought them subject to terms and conditions that you agreed to. Probably if you bought them online you clicked something that said, "i have read terms and conditions and I agree," or if you bought a ticket in person you signed something. You don't reproduce the language of those terms and conditions here, but if I were a betting man I'd bet that they contain very explicit language regarding cancellation. So the first place I would look to determine whether or not you have any viable remedies is the terms and conditions of the sale.

    Not legal advice, just me thinking out loud. I don't practice law in Virginia or hold Virginia licensure. Consult Virginia counsel to obtain legal advice. I practice in Vermont ONLY.

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  • I have Tourette's and my job said my tics are a safety hazard and they will take corrective action. Is tht legal.

    I have Tourettes and when I have tics my job says it's a safety hazard and said they will take corrective action

    L. Maxwell’s Answer

    It may be a violation of the Americans With Disabilities Act, and possibly also a violation of your state's analogous law pertaining to employment discrimination on the basis of disability or perceived disability. Consult a lawyer who handles plaintiff's employment discrimination claims. Your state bar association's lawyer referral service may be able to refer you to someone who handles such cases in your area.

    Not legal advice as I do not practice law in Tennessee or hold Tennessee licensure. Consult Tennessee counsel to obtain legal advice. I practice in Vermont ONLY.

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  • Can I write exceptionally rich people who's addresses I find to ask for financial assistance?

    Is it legal to ask strangers for money? Scenario: I locate a highly expensive neighborhood and find an address to someone like a doctor or someone rich, and I write them a letter explaining to them my life story, goals, and ask for financial ass...

    L. Maxwell’s Answer

    Is it legal to send a letter to someone you don't know asking for money? I can't see why it wouldn't be. Charities do it all the time. They even phone people and ask them point blank for donations.

    But I don't think it is an effective thing to do and I don't recommend your doing it. What you might consider doing is going to a library and researching how to identify organizations that give grants to people in your circumstance, and then learn how to write grant applications to those organizations. Ask a librarian for assistance in learning about organizations that give grants to deserving grantors. That's a course of action that's more likely to lead to something productive than just sending random letters to wealthy strangers.

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