A Motion for Summary Judgment filed against me was denied. Can I now use the reasons for the denial for a MSJ in my favor?
Stuart's answer
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Answered on November 07, 2011
You can use the same types of arguments at trial. You should understand, though, that denial of summary judgment against you does not mean the...
Archived
I have an exceptions hearing to a report and recommendation on remand from the General Magistrates office,
Stuart's answer
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Answered on November 07, 2011
This seems to be a repeat question. If so, you don't need a second transcript if the issue is the same as from the first exceptions hearing and the...
Is it legal for my old boss to go to my new job and tell them how bad of a work I am ?
Stuart's answer
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Answered on November 07, 2011
The prior attorney's answer is very good. You may have a defamation case if the statements being made are false statements of fact. Most employers...
Archived
Can i sue my ex employer for slander if they r saying that i called a local news station after i quit not say it was dirty dinin
Stuart's answer
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Answered on November 07, 2011
This is really an issue of defamation. To prove defamation, you need to prove a false statement of FACT; not opinion. Thus, it all depends on what...
Archived
I left a job in florida due to a drinking problem. I lost the employers cell phone and credit card (shut off). My last check
Stuart's answer
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Answered on November 07, 2011
You have a right to your personal items. I would write to the employer a certified letter, return receipt requested, and indicate that his failure...
Archived
I was fired from my job of 3 years what is considered misconduct?
Stuart's answer
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Answered on November 07, 2011
It depends on what you were accused of doing and any evidence the employer has and how well you can rebut it. Misconduct does preclude benefits but...
Archived
Non Compete Flordia
Stuart's answer
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Answered on November 07, 2011
Non-competition agreements are governed by statute and common law. In Florida, typically an agreement for one year or less is presumed reasonable...
Archived
Grand theft for earning points?
Stuart's answer
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Answered on November 04, 2011
The points have value so it would probabloy be viewed as a theft of the value of the points. Depending on the value of the points, it could be...
Archived
Liability for self & sister when you lose a lawsuit
Stuart's answer
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Answered on November 04, 2011
I do agree that you should ask your current attorney the question but disagree that if you reach out for a second opinion that it is unethical for...
My neighbor cursed and threatened me verbally, Can I call the police or sue him?
Stuart's answer
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Answered on November 04, 2011
I do agree with the answer of the prior attorney. However, I also believe you may have a viable claim of civil assault against your neighbor. A...
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