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Jeffrey Ira Schwimmer

Jeffrey Schwimmer’s Answers

3,145 total


  • Harrasment

    Ok. I found and old contact from some years ago on social media. We started a conversation and everything went well. The conversation lasted for about a month. Towards the end of the conversation I asked this contact if they could do me a favor an...

    Jeffrey’s Answer

    Within the parameters of what you wrote, it does not appear to support any legal action, criminal or civil, against you.

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  • How can I get distance between freeways signs admissible in court?

    There are 3 freeway overhead signs that are shown in a CHP MVR video that I need to use in my case to show the rate of speed which requires distance in the equation. In Google maps I can measure distance to each sign (from the first to the second...

    Jeffrey’s Answer

    Whichever governmental agency is in charge of that highway should possess the official maps and specifications for the highway, sign placements etc. For example if it is a State roadway, try going to the appropriate California State Department of highways. Get certified copies, etc which you may be able to then submit into evidence. In any event, I think this would be a good starting point.

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  • Drinking soda while shopping, not paying for soda

    My girlfriend has been drinking soda in the grocery store when she shops not thinking it was a big deal because she buys other things there all the time (not paying for the soda though), but she said the other day a manager followed her around and...

    Jeffrey’s Answer

    You really don't need a lawyer to tell you what she us doing is a crime. She should stop this conduct immediately. It may be prudent to stay out if this store for a while, no matter how close or convenient it is. Should she get contacted by the police, retain criminal defense counsel immediately.

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  • Legal malpractice are there attorney that handle these cases

    I know attorney don't like suing other attorneys

    Jeffrey’s Answer

    More attorneys handle that type of case than you believe. However, having handled such cases, I can tell you to make sure to retain an attorney who has experience in prosecuting a legal malpractice case as they can be technical in nature. Not only do you have to prove that what you are complaining what the lawyer did or didn't do constitutes legal malpractice, but you have to also prove that you would have been likely successful in the prosecution of the original lawsuit had the first attorney represented you properly. This is often referred to as "trying a case within a case". Good luck.

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  • Can my primary care doctor stop seeing me without any notice?

    I went to the ER last week. A few days ago I received a certified letter from my doctor "as official notice she will no longer serve as my primary care doctor". It enclosed the ER report which highlighted the sentence "patient claims her primary c...

    Jeffrey’s Answer

    Your doctor can decide to no longer treat you as a patient. Notwithstanding the immediacy of the situation, it should not be difficult to choose another primary care physician asap and you do have the option of going to a hospital emergency room in case of extreme immediate need.

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  • Can I sue

    My boss has placed myself and another EMT on paid admin leave for a hearing. This is over a call where the family alleged that we broke the pts leg but there is no evidence of this. He has interviewed us twice and our statements were consistent w...

    Jeffrey’s Answer

    Notwithstanding your view as to your supervisor's training and experience, your employer has a right to conduct an investigation into a complaint about an employee's job performance, particularly in a life sensitive field such as yours. There is nothing illegal about putting you on leave pending a resolution of the hearing process, particularly since you are still getting paid , and you have not indicated that a formal adverse decision has been rendered against you actually affecting your continued employment. If you belong to a union, you should have the union attorney representing you.

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  • Can a federal Judge order an investigation of an alleged crime which is exposed in a civil case which he is presiding?

    In a federal civil trial, during the initial pleadings/filings by both parties, judge sees a strong possibility of a federal and state crime. Due to the influential nature of the defendant the authorities never took action on the defendants despit...

    Jeffrey’s Answer

    Federal judges can refer matters of suspected criminality to the Attorney General's office for investigation that come to their attention during an assigned civil matter, but it is within their discretion to do so, not mandatory. There is no private citizen's right to prosecute someone under a criminal statute and as such you have no right to demand that the federal judge in the civil matter make the referral nor do you have the right to appeal the judge's decision not to refer the matter for criminal "action". Parenthetically, even if the judge did refer the matter for criminal investigation, he/she can not order the Attorney General (nor the state Prosecutor) to actually prosecute. It is noted from your post that the authorities already declined to prosecute. It is respectfully suggested that you worry and concentrate on winning the civil action.

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  • Would it be possible to sue the history channel for lying constantly?

    There is a show called ancient aliens on the history channel and they have been found, on multiple occasions, of lying about historical information. I was wondering if they were protected by the first amendment or if they were protected because t...

    Jeffrey’s Answer

    1) You mean Americans don't eat babies in the winter??

    2) Unfortunately, we are killing each other with guns constantly.

    3). No it is not possible to sue the Historic Channel for the reason you give.

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  • Am I able to a restore a dismissed case to the calendar ?

    Dear Avvo Lawyer. I filed in queens NY supreme court a summons and complaint on Feb 3, 2016. Defendant filed motion to dismiss. I filed affidavit in opposition. They filed another motion to dismiss. On July 6th 2016, defendant entered a Notice ...

    Jeffrey’s Answer

    Your post does not indicate the grounds (reasons) that the defendant made a motion to the court asking your case to be dismissed, so it is difficult to give a response truly appropriate to your situation. The reason defendant sought the dismissal can impact on whether you have recourse and/or which course of action you should or can take to reverse the consequences of the court's granting of the motion.

    Some generalizations can be offered. Depending on the nature of the claim you filed against the defendant, there are statutes of limitations, meaning different time periods, which th law applies for the commencement of a timely claim. If the time period for your type of Claim passed by the date you filed your lawsuit, and the defendant sought dismissal for that reason, it is likely that your case would have been dismissed even of you showed up for oral argument before the court (what you presumably mean by preliminary hearing). If there are factual questions about your claim the answers to which may affect determination of the date that the S. O. L. started to run, then you need to make a motion asking that the court vacate the prior order that was granted against you on default, that the court then restore the motion to the calendar, and upon rehearing the motion to deny it taking into consideration the facts and law you highlight as reasons that it should be denied. Part of your motion papers requires giving the court a reasonable excuse for having missed the original court date and justifying the vacating of the prior order. Not an easy thing to do. Look at CPLR 3211 for other reasons or grounds that may have been the basis for defendant's motion, each one impacting on whether you can simply start a new action, or what you must show on your motion to get gage prior order vacated or reversed. Note that there is no grounds to appeal a decision or order that was issued because of your default in failing to appear at the first hearing of the motion, although you could appeal a decision from an unsuccessful motion to vacate if the judge made an error in denying it. As can be seen, this is a very complex, technical and expansive area to address. You really need to get a private consultation with an attorney to properly cover your personal circumstances, even if a fee is involved.

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  • Can I win a law suite against Walmart for stacking soda too high, created a blind curve where another motorized cart hit me?

    While exiting the Walmart self checkout in a motorized handi-capped cart, I came to a stop because my vision was blocked by a display made up of stacks of soda too tall to see over. Another motorized handi-capped cart coming from the other side of...

    Jeffrey’s Answer

    Respectfully, this writer does not believe you would likely have a successful lawsuit against Walmart, based on your description of the event, notwithstanding whatever the height of the stack of soda product was. It might be different if the stack fell on you because, for example, it was improperly created. Here, it comes down to the fact that this incident is akin to 2 cars where the drivers are charged to be observant and drive carefully given the conditions and circumstances then existing. That means that one slows down and even stops if necessary to watch out and look extra carefully when one's vision is obscured, until it is safe to move forward. Here, the other motorized customer did not do so, and Walmart is not responsible for that person's negligence. If you have the identity information of the other customer, you could consider bringing a claim against that person, as you would against any negligent driver who caused another injury. Walmart is famous for taking a hard defense position against any personal injury claims brought against it. However, follow the sage advice of attorney Adam's and get a private consultation with an attorney in your area, as the laws in your State may allow for a different result. Such meetings are given freely so you have nothing to lose by speaking to an attorney in a private consultation. Good luck.

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