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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,275 total


  • Can I sue the post office for potentially causing me identity theft

    Can I sue the post office for losing my mail? They lost my tax return, putting me in danger of identity fraud! What are my options here? Can I sue? what should I do to prevent my identy From being stolen?

    L. Maxwell’s Answer

    Under the Postal Reorganization Act, 39 U. S .C. § 101 et seq., the United States Postal Service is "an independent establishment of the executive branch of the Government of the United States." 39 U.S.C. § 201.

    In other words, it's the federal government. A principle called "sovereign immunity" means you can't sue the government, unless the government waives its immunity.

    The federal government waives its immunity from suit upon certain conditions. The Postal Reorganization Act provides that the Federal Tort Claims Act, which is a waiver of sovereign immunity, "shall apply to tort claims arising out of activities of the Postal Service." 39 U.S.C. § 409(c). The Federal Tort Claims Act is found in the United States Code at 28 U.S.C. §§ 1346(b) and 2671-2680.

    However, 28 U.S.C. § 2680, titled "Exceptions," expressly provides that the waiver of sovereign immunity found in section 1346(b) does not apply to "(b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter."

    Translation: You can't sue the post office for losing your mail. If you do, the lawsuit will be dismissed by motion on sovereign immunity grounds shortly after you serve it on the USPS.

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  • Do i refund my funds ??

    As you know Vermont regional center feds allege fraud at Jay Peak, I cancelled my I-526 application

    L. Maxwell’s Answer

    The Jay Peak circumstance has been described as a Ponzi scheme. Ponzi schemes are circumstances in which earlier investors are paid off with funds derived from later investors. There may not be enough assets to pay investors back what they put in.

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  • Is this an educational malpractice, and do I have a legitimate case?

    Hello I'm a student at a tech school. I had to take an algebra class foe my credits. Prior to this quarter beginning they fired a math teacher and had one go on maturnoty leave. Instead of finding a suitable teacher, they had the business teacher...

    L. Maxwell’s Answer

    I have not ever heard of a circumstance in which a teacher is legally liable to a student on a theory of "educational malpractice." If you are paying to attend a school, and the instructor of a class is not competent to teach the class, a contractual remedy may exist insofar as you did not receive what you paid for.

    Not legal advice, just my two cents. Consult Pennsylvania counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

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  • How can I get a person to take their penalty for committing Non-Consensual Disclosure of Intimate Image that is in Canada?

    Non-Consensual Disclosure of Intimate Image. This person in Canada posted my pictures without my consent. The non-consensual disclosure of intimate image is a new offence in Canada so I am not sure what the exact penalty is, but I want him to get ...

    L. Maxwell’s Answer

    Recommend that you consult with a lawyer licensed to practice in the particular Canadian province where the person who published your photograph lives. The difficulty for police and prosecutors in that province is the evaluation of a complaint of commission of a criminal offense when the complainer is on the other end of a telephone line and otherwise unavailable to them; they cannot evaluate whether the person making the complaint is who she says she is--from their point of view she might simply be someone who wants to get someone in trouble and has made something up. The complainer might get a more serious response if she presented in person to the police in the locality where the person who published her image lives.

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  • Is my boss responsible for an accident I might get into while I am at lunch if I do not clock in/out for lunch?

    Hi, I am a salaried employee. If I leave the office for my one hour lunch and I do not clock in/out, get into an auto accident, is the owner of the company liable for any of the damages? Some would say I am still "on the clock" because I am at wo...

    L. Maxwell’s Answer

    Being clocked in or out has to do with the boss's monitoring of what he or she needs to pay the employee; the fact that an employee failed to clock out would not determine the answer to the question whether the employee was doing his job at the time an accident occurred. And that's the question that any trier of fact would have to answer in determining whether employer was vicariously liable for employee's negligence under the doctrine of respondeat superior. Of course there are other legal doctrines that might result in liability for an employer, including, for example, negligent entrustment, if the employee was driving the employer's vehicle, and employer had reason to know employee was an unsafe driver.

    The problem with hypothetical questions is that real legal problems are rooted in concrete situations, and no one can give you hypothetical answers that could cover all the variables that might emerge in a real situation.

    Consult California counsel to obtain legal advice. I practice in Vermont ONLY.

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  • I am trying to find a law firm in NY with experience in civil litigation with the US postal service representing a plaintiff

    I have a issue with the postal authorities refusal to deliver to my house for an extended period of time and wish to sue usps for denial of public services and am having trouble finding a law firm in the NY area with experience in litigation with ...

    L. Maxwell’s Answer

    Under the Postal Reorganization Act, 39 U. S .C. § 101 et seq., the United States Postal Service is "an independent establishment of the executive branch of the Government of the United States." 39 U.S.C. § 201.

    In other words, it's the federal government. A principle called "sovereign immunity" means you can't sue the government, unless the government waives its immunity.

    The federal government waives its immunity from suit upon certain conditions. The Postal Reorganization Act provides that the Federal Tort Claims Act, which is a waiver of sovereign immunity, "shall apply to tort claims arising out of activities of the Postal Service." 39 U.S.C. § 409(c). The Federal Tort Claims Act is found in the United States Code at 28 U.S.C. §§ 1346(b) and 2671-2680.

    However, 28 U.S.C. § 2680, titled "Exceptions," expressly provides that the waiver of sovereign immunity found in section 1346(b) does not apply to "(b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter."

    I do not know whether the situation you describe comes within the statutory exceptions stated above. What I can say is, I am skeptical of the viability of the claim you describe in light of the sovereign immunity issues.

    Not legal advice, just my two cents. Consult New York counsel to obtain legal advice.

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  • Are they able to do this legally? Isn't there a statue of limitations?

    I recently received a letter from New Jersey unemployment saying I was overpaid back in 1992, 25 years ago! They are now taking my state of PA taxes and my federal IRS income tax… Isn't there a statue of limitations? My original fee I had was 200...

    L. Maxwell’s Answer

    Linked below a comparison of state unemployment laws published by the United States Department of Labor. Before Table 6-2, which you will want to have a look at, there appears the following text:

    -----begin quoted text----

    RECOVERY PROVISIONS

    All state laws provide for recovering benefits paid to individuals who later are found not to be entitled to them. In addition to direct repayment, states utilize several tools to recoup these funds. States may, at the discretion of the agency, recover nonfraud overpayments by deducting from future benefits payable (be
    nefit offset). States may also recover overpayments from an individual’s Federal income tax refund
    through the Treasury Offset Program. Similarly, states may also offset overpayments with state tax
    refunds due to the individual, or by the interception oflottery winnings, or they can compel repayment by pursuing civil action in state court. Finally, some states assess interest and penalties on outstanding
    overpayment balances.

    ----end of quoted text----

    Table 6-2 seems to indicate there is no statute of limitations bar in NJ regarding offset of nonfraud overpayments; Table 6-1 suggests in some circumstances it would be "patently contrary to principles of equity" to permit the state of NJ to recover overpayments.

    But I am not licensed to practice law in New Jersey, so you should ask New Jersey counsel for legal advice. What I wrote above is just general information and should not be taken as legal advice. I practice in Vermont ONLY.

    Consult New Jersey counsel for advice you can rely on. Good luck!

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  • I am looking for an attorney in VT willing to take this case on a award percentage basis only. Any suggestions?

    Looking for a attorney in VT willing to take on a medical malpractice case. Someone willing to do this for a percentage of any award and not a flat rate. Given my limited income, as a result of my Dr of over 6 years not listening to me and me, I u...

    L. Maxwell’s Answer

    If you call the Vermont Bar Association's Lawyer Referral Service at 1-800-639-7036, you may be able to obtain a referral to someone near you who handles medical malpractice claims on behalf of plaintiffs. The deal with Lawyer Referral is that the first half hour of the consultation is guaranteed to cost no more than $25.

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  • My hourly worker got hurt at my shop doing his own personal stuff? Am I reponsible?

    One of my hourly labor worker got hurt at my shop yesterday. He is 58 years old and hurt his shoulder before he started working for me. He was having a day off yesterday and he came to my shop and was building some garage cabinets for his personal...

    L. Maxwell’s Answer

    I am not licensed in Nevada, so don't take this as legal advice. The general principle is that an employee who is injured in the COURSE and SCOPE of his employment is entitled to benefits under a state's worker's compensation law. The facts you describe indicate that this employee was not injured in the COURSE of his employment; it was his day off, and he was on his own errand, not within the scope of the duties the employer assigned to him. So, applying general principles of law, the facts you describe would not seem to provide an employee with a valid claim for benefits, and would seem to provide you a defense to any such claim.

    Consult Nevada worker's compensation counsel to obtain legal advice you can rely on. I do not practice in Nevada or hold Nevada licensure. I practice in Vermont ONLY.

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