Justia Legal Services & Lawyers Directory

Questions Answered by Glen D. Duvel - Justia Legal Answers

• 18 January 2011Q: Does 28:1441 Notice of Removal - Labor/Mgmnt. Relations in a class action lawsuit mean the case was dropped?
  A: It means the case was originally filed in State Court and the Defendant removed (changed courts) to Federal Court. Many times in Class Actions, the corporate headquarters of the defendant is out of state. In such a situation, provided other parameters are also met, the defendant can remove the matter to Federal Court. Such a removal should not greatly impact the manner in which the case is handled or resolved.
• 18 January 2011Q: Personal injury on a commercial propertyleased to a tenant. who is responsible tenant / landlord or both
  A: It depends on what the cause for the injury was. If the injury was sustained because of some improper upkeep of the premises, or a building code violation or other similar structural defect, than it would be the landlord. If the tenant, however, specifically altered the premises without the landlord's knowledge, he may be liable. If you are uncertain, then you should name the landlord as the defendant and leave it up to the landlord to sue other parties for indemnification if necessary.
• 18 January 2011Q: Wrongful termination, anyone ever win a case base on code of business conduct and ethics
  A: In order to recover for wrongful termination, you have to have been terminated for an unlawful reason, ie, sex, race, gender, or violation of public policy. There are several public policies which are actionable, however, a general business conduct or ethical deviance typically does not in and of itself rise to the level of wrongful termination.
• 18 January 2011Q: If there is not a recovery from a lawsuit, can defense counsel recover costs
  A: Yes, if you as the plaintiff did not recover any monies, then the defense won with its defense (zero) verdict. The prevailing party is entitled to recover certain costs attendant to the litigation, including filing fees, court reporter fees for depositions and for trial, and other costs. Had you won you would have been entitled to recover those same costs from the defendant.
• 18 January 2011Q: What happens to my dads informations if he use to work forthis company.and what happen to hes 4 1 k
  A: When you say your dad's information , are you referring to private and confidential information? All such information should remain protected. As for the 401K plan, your dad should contact a new broker and roll the old 401K into a new plan not managed by his employer's old broker.
• 12 January 2011Q: I was injured on campus of Los Angeles Harbor College and was told medical bills would be paid. None were. Can I sue?
  A: If you were injured on campus, you could bring a lawsuit against the school to recover for your injuries and other damages, if any (ie, lost wages). If the school is not a private school, you will have to sue the city or state or whatever governmental agency is in charge of the school. Be aware that if that is the case, you will have to file a Notice of Claim with that entity within 6 months of your accident.
• 11 January 2011Q: What kind of judgements can i receive if i intend to bring up a civil action against another person?
  A: It depends upon what you are suing the other person for. If you are suing for money damages due to a breach of contract or a physical injury, you can receive a money judgement. In some circumstance, if you are trying to get the other person to specifically perform whatever he agreed to do, you may be able to get a judgment that orders him to perform the specific services he agreed to perform.
• 11 January 2011Q: I have not been paid for job completed can i picket the site?
  A: If you wish to picket the site, you can, so long as you do not unlawfully obstruct the daily operations of the business (blocking customers, deliveries, etc.) However, instead of picketing, why don't you either sue him for your unpaid wages or contact the Labor Board to assist you in collecting the unpaid wages.
• 11 January 2011Q: I am employed as a live-in horse trainer in Oakdale, California and have not been paid in 2 years.
  A: Why have you worked for 2 years without demanding your wages due? If it is because you are working in exchange for free lodging, the law prescribes precisely how much money an employer can withhold for rent/lodging, depending on the size of the unit you reside in. In order for this law to apply, it has to be a part of your job description that you are REQUIRED to live on the premises. If you are earning more than what your employer is legally allowed to withhold in exchange for rent, you would have a claim for unpaid wages, perhaps a minimum wage violation, and perhaps an unpaid overtime claim.