Good Morning, I am wondering if an attorney can file a countersuit or counterclaim against me while at pretrial conference. He e filed less than 24 hours prior, from what I read Florida Rule 0.700. states a defendant needs to provide counterclaim...
Your objection will be denied. The rule permitting late-filed counterclaims is easily balanced by the fact that a Plaintiff can learn of new facts at or during trial, and then seek to amend the complaint to make the complaint match the facts.See question
I was on a tarmac in Ft. Lauderdale while on a commercial airplane when an inebriated man fell on me, injuring my wrist.
The Airline will probably dispute that this occurrence falls under the definition of accident.See question
At the airport my partner and I were kicked off an plane for his not wanting to check a bag because the bag is expensive and everyone knows that checked bags are mistreated. The flight attendant neglected to explain it was a valet service. The pil...
A situation of this type might not support a lawsuit even if there is a viable civil rights claim because the Federal Aviation Act and the promulgated Federal Aviation Regulations pre-empt the court system. You may have to seek an administrative remedy through the FAA or NTSB, possibly after you exhaust all remedies that you may seek directly from the airline.See question
If an airline is "ferrying" the flight back to the hub without passengers and not disclosing the status as a cancellation, is that an FAA violation and if so which one?
Your question does not appear to ask about ferry permits for maintenance of an aircraft. It appears you are talking about re-positioning an empty aircraft. This is normal and routine, and does not require a ferry permit.See question
insurance provided home fire
There is not enough information to competently answer this question. However, I'm assuming that the lender you are talking about held a first mortgage against your house. It's common for homeowner's insurance to cover only the construction cost or market value of the home. The insurance must pay the lender first. The construction cost or market value is often less than what is owed on the home loan. If you owe only $7,000, then I'm sure the lender might be willing to forgive that deficiency. Talk to them. If they forgive the difference, then the forgiven debt will be treated as taxable income by the IRS. But that's not such a big deal considering only $7,000 was being forgiven.See question
New kitchen cabinets and counter tops. Problems with measurements (fridge wedged in between cabinets). Face of drawer falls off every time we open drawer. Hinge fell off. Drawer installed crooked. Cabinet finish fading. Had fallout with contractor...
In Florida you might not be able to sue an unlicensed contractor unless he was working under the license of someone else. If the unlicensed contractor was not under someone else's license, then there is a presumption that the homeowner knew what he was getting himself into. This is especially true because an unlicensed contractor cannot get a building permit on behalf of a homeowner in Florida. So, if the homeowner has to go apply for a building permit instead of the contractor, it's a dead giveaway to the owner that he is dealing with an unlicensed contractor. It is then the homeowner's responsibility to deal with the problem.See question
My father has me,his son, as primary beneficiary of his pension. He is currently retired as of one week ago. However, he just got engaged a few days ago. If he was to get married and eventually die, who is entitled to the pension me or his wife?
It depends on whether he re-designates the beneficiaries to the account.See question
I formally met w/ the CEO/pres, board last month and they thanked me for my $ which was used for research development of the invention. I have e-mails stating that they were set to transfer my shares to the new CO name. However, now they got gre...
In addition to a shareholder and determination of ownership suit, it sounds like you may have to add counts for breach of contract and civil theft. Check your state's law, or the law of the state that controls your shareholder status, whether civil theft carries a treble damage. With treble damage, if you win you get triple damages, sometimes in addition to the actual damages. But, civil theft is harder to prove than a traditional contract lawsuit. It's sometimes worth doing because the prospect of having to pay back triple what they stole may make them give in.See question
Someone has stolen content from my websites and I have repeatedly ask them to remove it and they have not complied. They live in the UK. Do I serve them?
Every defendant must be properly served in order for a lawsuit to be good, even if they live in another country. Also, if there are foreign defendants, you must then follow international rules on service of process. First, you look at the Hague Convention to check if the defendant's home country is a signatory. If it is not, then you follow your home state's rules for constructive service of process on absent or out-of-state residents. However, if the defendant's home country is a signatory of the Hague Convention, it can sometimes get a little complicated. A signatory country will either specify that it wants its citizens served according to agreed upon Hague Convention terms, or specify that it wants its citizens served according to that country's own rules for service of process.See question
A person stole a lot of money from us. He formed a Florida LLC to help him launder the stolen money. He was convicted of embezzlement in a foreign country and also in that foreign country adjudged liable to pay us money. We domesticated that ju...
Yes you can sue to determine ownership of the LLC as a means of enforcing the judgment.See question