Archived
Can a federal suit be filed in the plaintiff's district court when diversity jurisdiction is applicable?
Thomas's answer
|
Answered on January 21, 2011
You recite the beginning of a law school exam question! But you need to disclose more facts before any lawyer can give you a "jurisdiction" and...
Selected as the best answer
Archived
Can a pre-litigation settlement agreement be considered blackmail?
Thomas's answer
|
Answered on January 21, 2011
Unless you are "injured" and have standing to sue for the alleged wrong, they are just as likely to ignore you. Companies settle claims before...
Archived
Can you climb a fence for collection purposes?
Thomas's answer
|
Answered on January 20, 2011
Amazing that you would ever consider it appropriate to climb someone's fence. I expect that the law would protect and favor the homeowner who did...
Archived
My uncle is suing us. Do we answer a summons and complaint or file motion to dismiss? The complaint is confusing.
Thomas's answer
|
Answered on January 20, 2011
Run, don't walk, to your lawyer's office. The kind of complaint you describe is often the trickiest to deal with. There may be parts that can be...
Archived
We were contacted by the sheriff's office that we need to come and sign for a civil paper. what happens if we don't sign for it
Thomas's answer
|
Answered on January 20, 2011
In most states, you can voluntarily accept a legal paper, or you can force them to seek you out and serve you. It is the old adage, "you can run...
Archived
Joint Life estate holder dispute
Thomas's answer
|
Answered on January 20, 2011
Ironically, I was a "hunter" on Eastern Short property in a situation exactly as you describe. My group had permission from one owner to target...
Archived
How to get a circuit court judgment vacated in Maryland when both parties agreed to settle during the appeal.
Thomas's answer
|
Answered on January 20, 2011
a "final" circuit court judgment can only be vacated on narrow grounds, and only upon a motion to the court. Your lawyer will work with the other...
Archived
If a home is under water appr. 30k and the other party wants nothing to do with the home and wants his name off the note as well
Thomas's answer
|
Answered on January 19, 2011
Only the bank can let him "off the note," not you. You can agree to indemnify him, but the bank will retain its rights until it is paid, or it...
Archived
How do I prove my CTO has committed misappropriation/embezzlement from my startup?
Thomas's answer
|
Answered on January 19, 2011
Run, don't walk, to your lawyer's office. Given this level of distrust and suspicion, you must worry about your continued business, how to...
Archived
I was wondering if there was a time line for a Judge to rule on a civil case and set judgment. The trial has been about 90 days
Thomas's answer
|
Answered on January 19, 2011
If you had a lawyer, ask him/her. This is a matter of local MT procedure, if at all.
In my states, and in my local federal courts, the judges...