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Recent Federal Court questions

In a civil case isn't the written evidence documentation

In a civil case isn't the written evidence documentation supposed to back up the testimonies?JA: What state is this in? And can you tell me a little more about the charge?Customer: Pa Patient was left unattended with no CPR/AED for more than 7 minutes according to AUTOMATED written computer documentation. There were 2 code blue calls made during this time. The testimony ONLY backed up the second code call as if that was the 1st code call appearing that the patient was left unattended for only 3 minutes. The written documentation (the facility's own police department and the ONLY employee present) states that it was more than 7 minutes that the patient was left unattended. Other submitted facility CPR/AED policieS state that it was the employee's job to give CPR until MERT teams arrival. Other facility policieS state that for every minute without CPR the patient's chance of survival decreases 7-10%. This patient also had a 3rd code blue called for him 12 hours previous to these last two code. Patient was left with only the brain stem and died 6 months later after 33 days in hospice with no food, no water.JA: Has anything been filed or reported?Customer: yes. I believe there was fraud on the court. There was a federal trial with a federal judge overseeing a federal agency. There was no cover up as the court was given all documentation. I do believe their was a conspiracy at trial because the evidence was presented differently than the written documentation. All that testified were included in the suit. I believe there was a conspiracy to manipulate the truth at trialJA: Anything else you want the lawyer to know before I connect you?Customer: If you looked at ALL of the info I have I believe anyone would come to the same conclusion. I know for a fact that a prominent employee was threatened with his job if he did not testify for the agency. The last witness came to me at court and was crying. He asked my forgiveness. I did not understand why until I had a chance to read all the trial transcripts. I believe he was called in to tidy up the time because with other peoples testimonies you can tell that something was wrong. He made it appear that they responded in sufficient time when in reality they didn't. I believe that my attorney was threatened or bribed, I believe the employees were threatened because it was a systematic problem, and I was told by a prominent attorney that there was MORE than enough evidence for the judge (bench case) to rule in our favor. I asked what his thoughts were why the judge didn't do that and he responded, "Well after all the federal government is his employer" and it was that bad

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

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Second opinion] NJ BANKRUPTCY LAW: I own a rental property

Second opinion] NJ BANKRUPTCY LAW:I own a rental property and my tenant filed Bankruptcy Chp 13 on 1/13/17 - Bankruptcy was Dismissed on 5/15/17 - A motion to Reinstate Bankruptcy was filed on 5/17/17 with Hearing on 6/6/17 - QUESTION = Can I file a Motion for Relief from Automatic Stay on 5/23/17 (in case the Reinstatement is allowed) or Do I have to wait until 6/6/17 after the Reinstatement is Order by Court?

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I'm in love with a fugitive & I don't know where can we

HiJA: Hello. How can we be of help?Customer: I'm in love with a fugitive & I don't know where can we live. He is originally fr the USJA: In what state did this occur?Customer: It is a big thing- he fled the countryJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: No thanks

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1,846 satisfied customers
Statue of Limitations, I Am a US Veteran who was forced to

Statue of Limitations, I Am a US Veteran who was forced to short sale my home because I had a fool for an attorney, myself. My question is primarily about a possible statue of limitations, to sue for recovery of money that was over paid to an Fl. HOA, and their law firm by the title co. who handled the short sale.Because the law firm refused to correct,fix or amend their original submitted estoppel letter prior to the scheduled closing to accurately reflect the District Court's amended final judgment.Therefor at the closing of my short sale the title co. was forced to payout thousands of dollars out of my proceeds over & above the court ordered amended final judgment to satisfy the inaccurate estoppel letter or post pone the closing and lose a potential cash buyer. That over payment of approx. $ 6,000 to the law firm & the HOA has never been paid back to date, despite repeated requests to refund any or all monies they obtained over the court ordered amended final judgment. In fact they have repeatedly refused to refund the difference and told me consult an attorney. Time line, approx. Sept. 03/13 I lost a ambush hearing for summary judgment on my HOA foreclosure, The court than set a follow up hearing for Nov 6th 2013 to argue attorney fees .During that hearing the plaintiff's law firm won a final judgment of approx. $12, 900.00 total for all matters & ordered the public sale of my families home to commence on Jan.03,2014.Since I didn't have the $12, 900.00 to deposit with the court as security to stay the sale while I hire an attorney & file an appeal. I was forced to file bankruptcy for the first time in my life to buy time to at least short sale my home and get some equity out of the proceeds. I hired a local firm and paid them $1,295.00 for the entire bankruptcy & $300.00 additional to attempt to strip the HOA lien or final judgment. The public sale was stayed pending the federal bankruptcy. On April 8th of 2014 the bankruptcy was discharged pending the HOA lien striping hearing scheduled in June of 2014 . By this time however I had a firm cash offer on my home & a closing date of April 22nd 2014, so I withdrew the motion to strip the lien & my attorney requested the HOA & their law firm to prepare an estoppel letter so the closing could move forward on the agreed date... However they weren't cooperating and the closing was pushed another 30 days to May 23rd 2014. When the estoppel letter finally arrived to the title co. they had increased the the amount to $19,100, ( $6,200 above the court ordered final judgment) & in the mean time the law firm filed a subsequent motion to amend the original final judgment of $ 12,900 to $ 19,100. siting they incurred approx. $6,200 in additional cost, ( at least $ 5,000 of that was attorney fees ) , just to attend a 15 minute federal bankruptcy hearing & file two short responses totaling about 6 pages to the federal court in objection. The amended hearing was set for May 22nd 2014, Now at this hearing I argued to the judge it was absurd to award an additional $ 6,200 & at least $5,000 additional in attorney fees , for about one to two hours legal work objecting to my bankruptcy , especially considering my attorney's only charged me a total of $ 1,595 & they had to prepare countless pages of the filing as well as several phone calls, meetings etc... I requested that I be given an evidentiary hearing & also all discovery of any itemized documents of billing summaries etc.to be able to argue these absurd fees. The judge agreed in part and denied in part with me and awarded the firm appox.. $1,200 above the original final judgment to cover any fees incurred since the final judgment and asked the firm when can they provide me with discovery so he can set a hearing to argue any further fees ,they replied they needed two months , ( wow for what ? that should have been part of the file already ) The judge instructed the firm to supply me with the discovery request if they intend on pursuing this matter any further. Well the next day was the closing of my home & when we contacted them & requested a corrected estoppel letter they refused because they intended on going after me for more fees. My home closed on the next day May 23rd of 2014, a Friday afternoon & the title company was forced to over pay the firm approx. $ 5,000 over and above the legal amount ordered by the court. Soon after I called the firm & asked them to refund my difference or proceed with a hearing , they replied when was I available, I said within a week after they comply with the judge's instructions & hand over the discovery of writings ,documents etc..& I instructed them to forward that discovery to my attorney who handled my bankruptcy.However within days they filed a satisfaction of lien& judgment & a motion to dismiss w/o prejudice which is moot after a final judgment. Is there a time limitation to sue for monies not entitled but they kept. ? & did they have grounds to keep my $$$ ?

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Maverick

Doctoral Degree

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I have a question similar to this one here ( - I received a

Robert, I have a question similar to this one here (http://www.justanswer.com/intellectual-property-law/a3nth-received-copyright-infringement-notice.html) - I received a letter from a German law firm representing an amateur photographer via www.photoclaim.com, Dear Sir or Madam,I hereby notify you that the photographer Josef Hofer, St. Radegund, has entrusted me with the representation of its legal interests in this specific matter. In my capacity as attorney I hereby verify that I am duly authorized to act in this matter.In the name and on the authority of my client I must inform you of the following state of affairs:I.My client was made aware by www.photoclaim.com that you have published a photograph taken by my client on the website under the URLhttps://lepapierstudio.com/blogs/blog?page=32With this act of publication you have violated the copyrights of my client.The matter in dispute relates to the photograph reproduced in this letter which you are using in breach of the copyrights, with particular reference to the moral rights, of my client.Your website has been secured by our firm to the extent necessary for use as evidence in court and will be produced by way of such evidence in the event that you should contest the claim.No agency that my client works with confirmed a license purchase from your side. Should you have a valid license, please forward us the licensing agreement. Unfortunately you didn't identify my client as the copyright owner as it would be due to any agreement.II.With the publication of the photograph you have acted in violation of the copyrights due to my client as holder of the copyright, in particular the right of distribution pursuant to section 17 of the German Copyright Act (UrhG), as well as the right to make works publicly available pursuant to section 19 a UrhG. There can be no doubt that the photograph is a copyrighted work within the meaning of the Copyright Act.You are not entitled to disseminate the photograph, as you have done in flagrant disregard of the copyrights and moral rights of my client. The appropriation of third-party photographs without the consent of the rights holder represents a violation of copyright law. At no time did my client agree to the publication of the contested photograph in its present form.The deliberate act of incorporating the photograph into your website is sufficient cause for us to assert the contested use by you of the photograph in question. It has no bearing on the claims in the present matter whether the rights of my clients have been deliberately or merely accidentally violated. Instead, the sole focus of the present matter is on the fact that the photograph was used without consent in the manner described above.III.To effectively rule out the risk of any recurrence, it is necessary to issue a cease and desist declaration enforced by penalty for the future.I therefore request that a declaration to cease and desist is submitted by18 May 2017.On the last page of this letter you will find a pre-formulated declaration to cease and desist enforced by penalty, which you are at liberty to use. A jurisdiction clause is common practice that goes beyond the infringement notified. The reimbursement of damages and legal fees is a legal obligation and the placement thereof in the declaration also goes beyond the infringement notified. The reimbursement of damages and legal costs and the declaration to cease and desist are two claims that are not connected to each other. You are, of course, also free to draft your own declaration to cease and desist. I would, however, draw your attention to the risk that an incorrectly or inadequately formulated declaration may not be sufficient to obviate the risk of reoffending.If we do not receive a signed declaration to cease and desist from you by the stipulated deadline, we will assume that you have declined to accept this obligation. In this case I am instructed to take further legal actJA: Do you have a registration record?Customer: nope, it wasn't provided. the image they were referring to was used on a blog post in 2012, along with a source where the image came from attached to it. It wasn't used for commercial use...just a personal blog post.JA: Have you talked to a local attorney? Has anything been filed in court?Customer: I have since taken the image down, BUT i made the mistake to sign the cease and deceit letter - which clearly I didn't read carefully. The letter started I can be responsible for charges . I thought signing the letter and taking the image down was enough. well lawyer emailed back today with thisJA: Anything else you want the lawyer to know before I connect you?Customer: In my last writing, I made you aware of your infringement of my client's copyright. This infringement of my client's copyrights obliges you to pay compensation in pursuance of section 97 UrhG.By the way of license analogy, you have to pay my client the usual licensing fee. To provide a high degree of transparency, my client applies the fees of the MFM-tables (Mittelstandsgemeinschaft Foto-Marketing) that represent an industry average fee and that are taken by the German courts to determine the fair compensation of a photographer. In your case this fee is:Photo 1:Online Use,Subpage26.04.2011 - 05.05.2017930,00 €Subtotal930,00 €Worldwide reach (+120%)1 116,00 €Subtotal2 046,00 €Lack of indication of source (+100%)2 046,00 €Total4 092,00 €Grand Total4 092,00 €According to the law you also have to reimburse my client for the costs incurred by my involvement in this matter through the reimbursement of the business fee pursuant to no. 2300 of the remuneration schedule (VV) appended to the Lawyers' Remuneration Act (RVG), as follows:Value in dispute € 6,000Business feeSections 2, 13, RVG, no. 2300 VV RVG (sentence 1.5)€ 531.00Flat rate expenses no. 7002 VV RVG€ 20.00VAT 19% , § 13 Abs.1 RVG, no. VV 7008€ 104.69Total legal costs€ 655.69You also have to pay for the cost of the documentation of the infringement, which is an amount of EUR 95.00. Our client has ordered the documentation service pixdetect UG to secure evidence usable in court. The documentation costs adequately represent a causal and unavoidable loss for my client and therefore you must reimburse this sum. As our client is not entitled to deduct VAT, note that the number mentioned is merely a net-sum. The full amount is 113.05€.Regarding the eligibility of copyright documentation costs, see those representative examples of the following judgments:AG Hamburg, Entscheidung vom 13.03.2012, Az. 26a C 84/12, AG Hamburg, Entscheidung vom 14.06.2012, Az. 35a C 40/12, AG Hamburg, Urteil vom 17.10.2011, Az. 36A C 368/10, AG Berlin-Charlottenburg, Urteil vom 29.11.2012, Az. 210 C 63/12, AG Stuttgart, Urteil vom 26.09.2012, Az. 50 C 4382/11, AG Berlin-Charlottenburg, Urteil vom 20.11.2012, Az. 225 C 196/12, AG Berlin-Charlottenburg, Urteil vom 02.09.2014, Az. 225 C 34/14, AG Berlin-Charlottenburg, Urteil vom 05.02.2009, Az. 239 C 282/08, AG Berlin-Charlottenburg, Urteil vom 08.08.2013, Az. 210 C 6/13, AG Stuttgart, Urteil vom 10.7.2012, Az. 2 C 3327/11, AG München, Entscheidung vom 31.03.2010, Az. 161 C 15642/09, AG Charlottenburg, Entscheidung vom 29.11.2012, Az. 201 C 273/12, LG Hamburg, Entscheidung vom 17.04.2009, Az. 308 O 612/08.You are therefore required to make a total payment of:DamagesDocumentation€ 4 092.00€ 113.05Legal fees€ 655.69Grand total€ 4 860.74We expect receipt of this amount no later than 29 May 2017 to the bank account stated on the first page of this letter. Should you fail to make the above-mentioned payment by the specified deadline, my client instructed me to take further legal action.Sincerely,Filipp Bickel--Rechtsanwalt Filipp J.A. BickelAttorney at Law (Germany)Philippistr. 814059 BerlinTel.: 0170 / 77 46 404Fax: 0049 32 12 77 88 889eMail:***@******.***Web: ra-filipp-bickel.deIBAN: DE69100500000190169737BIC: BELADEBEXXXThis e-mail including its attachments contains confidential and/or privileged information intended only for the use of the named recipient and is subject to the attorney-client privilege. If you are not the intended recipient (or have received this e-mail in error) delete it.

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We filed a Copyright Innfregemnt case in the 11th Judicial

Good afternoon,We filed a Copyright Innfregemnt case in the 11th Judicial Circuit in and for Miami-Dade County.So far the Judge is entertaining this case, however, since the copyright law is under the Act of Congress such as patents, copyrights and trademarks does the jurisdiction for this action fals under the United States Courts under 28 U.S. Code 1338.??Our questions would be:-does the 11th Judicial Circuit have the jurisdiction over this case?? so far the judge is entertining this case- can the Judge in the 11th Judicial Circuit rule in the Motion for Summary Judgment if filed??- if not, we would need a consultation on how to safely move this case from 11th Judicial Circuit to the Federal Court if possible.-By reading the rules, only the defendants are moving cases from State to Federal Courts.- if we can not move the case from 11th Judicial Circuit, should we close this case in this court and open new in the federal.??

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Legal Eagle

Attorney

Doctoral Degree

3,784 satisfied customers
I'm being sued for eviction. The premise of the suit is

I'm being sued for eviction. The premise of the suit is based on my lease I signed 17 years ago. The charges are bogus. It doesn't matter. I "lease" which is suppose to be a direct copy of the original lease filed in Superior Court has at a minimum of 10 fraudulent actions. My name is ***** ***** original owners named is forged. The are written statements which are harmful to my case are written all over the least. I don't know if this is a federal or state crime. But it's as illegal as illegal itself. Management may not know I have my original lease. Also complete paragraphs are missing. Complete waivers are missing. So the case I believe will be thrown out. My point is this is malicious attempt to disrupt justice. My main question is it "possible" to sue all involved in this mess in a civil case for at the very least breaking the law for personal gain leaving me homeless taking away my ability right to a fair trial?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: California with a rent controlled apartment that I pay $1400 whose market value is $3000.JA: Has anything been filed or reported?Customer: They filed with the court and sent me a letter by regular postal service from owners lawyer on the ninth of the month when it was filed on the fourth. No formal eviction papers were EVER sent. On advice from counsel I had to to court and pay $255 to "answer" there lawsuit in fear they may submit a false notice of being served.JA: Anything else you want the lawyer to know before I connect you?Customer: I'm a 51 to African American living on disabily since 2006

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P. Simmons

Attorney

Doctoral Degree

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Here ; I have right to sue notice @ EEOC and about to file a

here ; I have right to sue notice @ EEOC and about to file a Pro Se Charge in District court. If it goes to Court will my ability to attain an attorney be hindered by filing previously. Most employment Attorneys do not represent plaintiffs.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: Texas Ft worth IATSE UNIONJA: Has anything been filed or reported?Customer: Have filed with the NLRB from the beginning Feb 2016JA: Anything else you want the lawyer to know before I connect you?Customer: The Union rep. lied to the NLRB at the beginning and the Agency became biased against me I have filed 5 cases, 1st one is lost 2 others are under Motions for Reconsideration in Washington ant the other two are under investigation . Thats why District Court advised by OLMS- LMRAD

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LawTalk

Attorney at Law

Juris Doctor

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I wanted to find out if it was legal for High Schools to

Hi. I wanted to find out if it was legal for High Schools to audio record in the girls and boys restrooms. We have evidence that this is occurring in our local High School.JA: What state is this in? And can you tell me a little more about the charge?Customer: Arkansas. No charge at this time. Just trying to understand if legal. IT could be a violation of Title 1 of the Electronics Communications Privacy Act of 1986JA: Has anything been filed or reported?Customer: Not at this time until we find out if legal or not.JA: Anything else you want the lawyer to know before I connect you?Customer: Not at this time.

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Loren

Juris Doctor

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