Join the 9 million people who found a smarter way to get Expert help

Recent Federal Court questions

I would like to find out if the settlement agreement offered

Hi, I would like to find out if the settlement agreement offered to me by verizon is truly beneficial to me. Let me present my case. In 2014 we canceled our services with verizon and returned all equipment (we have a receipt). In 2015 verizon sold our account to collection agency claiming that we didn't return one of the boxes, prior to that they never send us any bill, statement, letter, notice, anything. So in 2015 we received first letter from collection agency, we disputed it, provided proof of returning all equipment, we were never bother by the same collection agency, only to be bother by another, and so on until 6 month ago. We finally had enough and sued verizon in small claims court for that very "unreturned equipment". Their legal department contacted us wanting to settle and here an interesting part starts. First, they were investigating the case claiming that they found out that the balance we owe is for 1 unreturned box that we apparently had since the beginning of our service which is 2011 up until we canceled in 2014. When we told them that we called verizon costumer service asking if it's even possible to have a box that was never activated, representative told us NO. So then they claimed we jave outstanding balance of 155.03, again we never received anu bill from them. Then they claimed that the reason we probably didn't receive any paper bill is because the very month we canceled the service, we aparently signed up for ebill! Moving on, because of this collection account is on our credit report we were denied mortgahe pre-approval and so we told them that, how much damage was done etc. We sued for $2000. In our talks with verizon about settlement we wanted them to remove that delinquent collection report from our credit report. They said it will never happen because the only time verizon would do that is when they are at fault, but in this case they are not, because we have outstanding balance of 155.03 and that is the reason they sold it to collection agency, not the unreturned equipment which is 600 something dollars. After long talks, they started to proceed with their offers:1. They wanted to credit our account with the amount that is under collection which is $768.71 and pay us $500 for damages, we denied2. Then, They wanted a prof that we were denied mortgage pre-approval in order to offer us removing account from credit report, we emailed them proof, after which they said that unfortunately they cannot remove it from credit report, but they can remove it from collections and pay us $1000, we denied3. We threatened that after we win this case, we will simply sie them for the damage to our credit report and request they remove the delinquent report from our credit report. The very same thay they drafted a settlement when they claim they will remove our account from collections, credit our account of the whole amount which is $768.71 and they WILL remove the delinquent report from our credit report, and not pay us anything, which sound good for us, all we teally want is to have it removed from credit report, we don't need any money, but after reading the settlement it looks good to us, however we want to know if there isn't any hidden tricks that could harm us.Below is the settlement:On behalf of Verizon Pennsylvania LLC and Verizon Online LLC (“Verizon”) sued herein as “Verizon Communications, we hereby amicably resolve your returned Verizon equipment matter, (the “Dispute”). This Settlement Agreement sets forth the terms and conditions of the settlement and resolution of the Dispute. The signatories to this Agreement are referred to jointly as the “Parties.” In consideration of the mutual promises set forth in this Settlement Agreement, Verizon has agreed to issue a credit to your account in the amount of $768.71. Additionally, Verizon will remove your account from collections and remove the delinquent report related to your Verizon FiOS account from your credit report. You understand and agree that this Settlement Agreement constitutes the settlement and compromise of doubtful and disputed claims, including but not limited to any billing disputes, claims, demands, and actions incurred by or on behalf of Defendants prior to August 24, 2016. Any payment or act given in exchange for this Settlement Agreement is not to be construed as an admission of liability on the part of any party to this Settlement Agreement and that any such liability is expressly denied. You release and discharge Verizon and their predecessors, successors, parents, subsidiaries, affiliates, assigns, transferees, agents, directors, officers, employees, attorneys and/or shareholders from all causes of action, claims, suits, debts, damages, judgments, and demands whatsoever, whether now known or unknown, matured or unmatured, whether before a local, state or federal court, administrative agency or commission, including, but not limited to, the Federal Communications Commission and the Federal Trade Commission, at any time before and including the date of this Agreement arising out of or relating to the “Dispute”.This Agreement is binding on the Parties, their predecessors, successors, parents, subsidiaries, affiliates, assigns, transferees, agents, directors, officers, employees, attorneys and shareholders. The Parties agree to keep the existence of this Agreement, its terms and conditions (including the amount hereof), and any negotiations related to the agreement confidential. Each of the signatories of this Agreemen t represents and warrants that he is authorized to execute of this Agreement and to bind his respective Party to it. This Agreement shall be governed by the laws of the Commonwealth Pennsylvania . The Parties acknowledge that they have had the opportunity to consult with legal counsel of their choosing before entering into this Agreement, have read this Agreement completely, know and understand its contents, enter into this Agreement freely and voluntarily, and have made to each other no promise or representation not contained in this Agreement. Please sign this Settlement Agreement and return to me via fax, or email. The actions which Verizon has agreed to implement on your account will take place once I receive your signed documents.Sincerely,

Read more

Loren

Juris Doctor

36,350 satisfied customers
I have questions about the possibility of being scammed with

I have questions about the possibility of being scammed with an international bank accountThis person speaks with broken English with me but , but perfect English when they were talking with some else in my presence but didn't know it at the time because I'm trying to find out the truth it has to do with precious metals and Money that's already been sent and documents that I'm not sure if the they are actually legal documents. I can't find any information on Federal High Court of Justice New York,NY United States of AmericaSpelled just like that i have three documents that I'm not sure are legal I can't find information on them if you could shed some light on this I would be grateful for your inputAnd I'm willing to pay a small fee

Read more

Dwayne B.

Juris Doctor

35,360 satisfied customers
I sued an ex friend in federal court for loans unpaid which

I sued an ex friend in federal court for loans unpaid which has a statuette of 6 years. in their deposition they insisted they weren't loans and were actually unauthorized deposits and credit card payments and that they had no intention of repaying because they claim they never gave me their permission or financial information to pay /fund and thus now admitting to misappropiations of funds. now I want to amend my complaint but I am concerned that the statuette for this is only 3 years but I did not know that they committed this act as now that they admitted this today. so my question is does the statuette of limitations start now or the day of the misapropiation happened or the day I filed the original complaint or the day I made each loan payment or today since this is a totally new claim and admission

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,786 satisfied customers
I have a dismissal for Want of Prosecution for my

I have a dismissal for Want of Prosecution for my countersuit to a judicial foreclosure. This is the second time this has happen. How do I get my case settled. I think my attorney is just taking my moneyJA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: Texas.JA: Have you talked to a lawyer yet?Customer: I have a lawyer but he isn't pursing a trial by jury. He just lets the case sit out there until they dismiss it. Then they come after me againJA: Anything else you think the lawyer should know?Customer: What are my options because it has been 6 years with fighting for my hhome and I'm getting tired

Read more

Dwayne B.

Juris Doctor

35,360 satisfied customers
Looking for someone with trial experience what is the

Looking for someone with trial experiencewhat is the difference between the complaint and the pretrial brief and the arguments made in the trial? Is there any information or arguments that should be withheld from the complaint and saved for the pretrial brief for the judge for strategic reasons? In other words is it ok for the lawyer to basically make all the arguments that will be made in the trial also in the complaint or is there some way to surprise the other side or give them less time to propare? Does the other side get a copy of the pretrial brief? This matter will probably be in federal court.

Read more

DrakeLAW

Juris Doctorate

544 satisfied customers
This question is for law educator esq only please I am in

Good day this question is for law educator esq only pleaseI am in the process of writing up my objection as a pro se plaintiff against the defendants in my case who filed a motion to dismiss plaintiff's amended complaint and motion to strike prayer for punitive damages. I feel like I'm stuck. I was reviewing over the Florida Rules of Procedure and case law to back up my opposition to their motion but don't know if I'm on the right track. The defendants attorney state that some of my paragraphs in my amended complaint states opinion and not ultimate facts. these were the paragraphs they specifically attacked:he states my amended complaint violates fl rule of civil procedure rule 1.110(b)and (f) and accordingly needs to be dismissed. he states that my statements below contains allegations and not facts. he also states plaintiff has pled punitive damages wo complying w florida statute 768.72.I, Plaintiff has worked as a real estate agent for three years and has resided in Palm Beach County for six years. I Plaintiff has during all this time enjoyed a good reputation, both generally and in my real estate occupation.I, Plaintiff is informed and believes, and based on that information and belief alleges, that each of the defendants is legally responsible for the events and happenings referred to in this complaint, and unlawfully caused injuries and damages to plaintiff alleged in this complaint.A cause of action for libel under Florida law accrued in Florida because the defendants' libelous statements were published in Florida and viewed worldwide. The publication is libelous on its face. By publishing this defamatory statement, the Defendants intended to communicate to others the false statements in the online publication described in paragraph 9 above.The above-described publication was not privileged because it was published by the defendants towards the plaintiff when the plaintiff appeared as a witness against the defendants in a small claims case lawsuit in Palm Beach County. This case had nothing to do with Plaintiff's employment or personal being. This same statement was verbalized by defendants in small claims court and also written and signed by defendants on their own letterhead.Said statements and unprivileged written publication by the defendants are libel per se and slander per se because the statements accuse I plaintiff of committing an act which is fraudulent and criminal which injured I plaintiff's reputation in my occupation and resulted in the loss of business. The defendant knew or should have known that the statements were false when made, or did not exercise reasonable care when publishing these false statements before transmitting and publishing these statements recklessly disregarding the truth or falsity of the statement.WHEREFORE, Plaintiff respectfully ***** ***** a judgment be entered against the Defendants, as follows: Awarding Plaintiff punitive damages and such other and further relief as this court deems appropriate.After reviewing case law and the florida rule of procedures I started to write:Comes Now I Plaintiff hereby submits this opposition to the Defendants',by and through their attorney Charles L. Jaffe, motion for a DISMISSAL PLAINTIFF'S AMENDED COMPLAINT AND MOTION TO STRIKE PRAYER FOR PUNITIVE DAMAGES. Plaintiff's amended verified complaint meets the standards governing the form of a complaint contemplated by the Federal Rule of Civil Procedure and the Complaint sufficiently alleges Plaintiff's harm and damages. Accordingly Defendants' motion to dismiss should be denied.I. PLAINTIFF'S CLAIMS ARE SUFFICIENTLY STATEDDefendants move to dismiss Plaintiff's amended complaint for (1) plaintiff's paragraphs 2,5,12 and 14 combine several allegations in each of those paragraphs and set forth opinions of plaintiff rather than setting forth ultimate facts. Defendant's by and through their attorney cite no valid authority to support the proposition that these paragraphs are missing any type of ingredients that does not comply with Florida Federal Rule of Civil Procedure. The Amended Complaint is not unintelligible or confusing and does not violate the Federal Rule of Civil Procedures. As Rule 8(a) requirement of “a short and plain statement of the claim showing that the pleader is entitled to relief “ has been met in plaintiff's Amended Complaint. The Amended Complaint has sufficient statements of claims specifically identifying the wrongful actions of the Defendants. Accordingly, Plaintiff “does not have to set out all relevant facts in his complaint” as per Rule 8 and “specific facts are not necessary in a complaint: instead, the statement need only give the defendant fair notice of what the claim…is and the ground upon which it rests.” Don't know if this is sufficient to oppose the other side, Is there specific case law or procedure that address this issue of opinions vs facts in a Complaint??

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,786 satisfied customers
This question is Esq ONLY. Mr., Kansas medical malpractice

This question is for William B Esq ONLY.Mr. B, Kansas medical malpractice here again. Thought I'd catch you up on things, plus I have a few questions with which I'm hoping you can help me.Since I last wrote I've filed a couple of motions and filled out my Pretrial Questionnaire. I told you I thought I would appeal the denial of my request a screening panel be assembled, but decided you're right that it would be a very long shot, especially since the Rules of the Supreme Court plainly state I had very limited time to request a panel and not only is that time long past, but I, in my ignorance, asked the court to deny my earlier motion to assemble a panel. So I'm forgetting about that.Once my request for the screening panel was denied, I made a motion to be allowed to move ahead proving malpractice without expert testimony. The court told me it was too early to rule on that, that question would ripen later, or something like that.Then I did some more reading and made a motion asking the court to appoint an expert, but with my being responsible for paying him/her. Remember, my difficulty was I could not FIND an expert; couldn't even get one to answer my letters / emails of enquiry. I thought I made a good argument, noting that both Fed. R. Evid. 706(a) and D. Kan. Rule 26.4(a) provided for court appointed experts. I pointed out (I hope correctly) that D. Kan. Rule 26.4(a) was particularly significant since the federal courts follow state laws and procedures when a diversity suit calls a particular state's law into the federal court, that therefore the existence of D. Kan. Rule 26.4(a) was proof the feds believed its substance did not violate Kansas rules. One of the defense lawyers said he'd never heard of either of these federal rules and appreciated learning of them. All agreed nothing in KS rules prohibited the court appointment. But the judge ruled that since nothing in the KS rules specifically empowered him to appoint an expert he was not going to do it. Since the most basic function of the courts is to hear cases, not to dismiss them (I came across a case which included the quote, “the courts do not favor default judgments,” then went on to point out that hearing the facts was the first responsibility; now there was sound reasoning), I thought the dismissal was a chickenshit move, but one that certainly showed me the handwriting on the wall. Still, until at least one cow comes home…Also, in my preparation for my Pretrial Questionnaire, I came across a statute I wish I'd known about earlier, like when I was first filing my Petition. Turns out, Kansas holds pharmacists responsible for examining each patient's prescription profile before filling a new prescription; this, to assure no adverse interactions are known, the legacy drugs with the new ‘script. AND pharmacists are not protected by the no-vicarious-liability law with which KS shields MDs, DOs, APRNs, etc. BINGO! Now I can have two payable issues, perhaps with two insurers instead of only the one I now have! I point this out and make a motion to amend my (already-once-amended) Petition. Nope, the judge says it's too late. I kind of have to agree he's got a point: it's been more than three years now since the event and my only excuse is that I'm an ignoramus. So no-go there.So, as things now stand the defense has until August 12 to submit their Motions for Summary Judgments, and I have until September 2 to respond. The hearing is scheduled for 9/28.The judge then asked me if I had anything in place of expert testimony, viz., “learned treatises, articles on subject, etc.” I reminded him I'd tried to get fluticasone propionate's in-package warnings and instructions judicially noticed, ditto for the FDA's consumer info, but had been refused. Twice. I'd gotten the impression I could forget the “learned treatises” exception to the hearsay rules. Now I think I'd better write up a list of maybe a dozen or so and just amend my Pretrial Questionnaire to include those among my exhibits; what do you think?Also, assuming the court won't judicially notice these things, can I have them on hand at trial and use them to question defense witnesses? I've noticed what seems a special treatment given to exhibits, witnesses, etc. used in rebuttal. Is this maybe the way to work these things in?I've got other things I'll want to ask, but have to run now. Please start with this stuff.Thank you.

Read more

CalAttorney2

Attorney

Doctoral Degree

19,506 satisfied customers
I currently work in Yosemite National Park so I am in

I currently work in Yosemite National Park so I am in California, but on federal land. The father of my child, Mike, also works here and lives with me.Recently I put in my two weeks notice. I had planned to change our housing, which is employer provided, to Mike's name. When I spoke with our housing manager Wednesday she said the upper management said we could not transfer our housing into Mike's name because he was not the same career band as me. I advised the manager I believed we were the same level. I was told we were not and I had a week after my last day (tomorrow, Sunday) to move out of my place. I feel the short notice and refusal to transfer names is purely retaliation for me leaving my position, which is a whole other can of worms because I am assistant manager acting as manager for the past nearly 5 months without compensation.We were offered a choice between two places "new housing" and the "T-trailers" however they are very aware we cannot accept new housing because pets are not allowed in those areas, and I have an 80 pound and 25 pound dog. So our only option is a trailer. Our current place is a small 1 bedroom (best guess a little less than 450 sf) with a small back yard for the pups. The new place is a studio about 140 sf. that doesn't even have room for our refrigerator.I looked into my original job offer and I was correct that I am the same level manager as Mike. When I pointed this out, I was told there were bands within the career bands. That's why I make slightly more than Mike. This is BS, I make slightly more ($1200 more a year) because my position is seasonal. If my pay scale reflects a undisclosed level of management this means at the store the brand new to management seasonal assistant manager (same pay as me) is above the year around assistant that has been in his position for years now (same pay as Mike) and this repeats over in Half Dome Village as well. This is definitely unfair, but illegal... I do not know. Please advise.

Read more

P. Simmons

Attorney

Doctoral Degree

35,240 satisfied customers
A Postal worker canceled my PO. Box in retaliation to the

A Postal worker canceled my PO. Box in retaliation to the failed litigation attempt of the Postal workers family member.

Read more

Dwayne B.

Juris Doctor

35,360 satisfied customers
View more legal questions
In The News