Brian Lehman

Brian Lehman

Rate This Lawyer
Badges
Claimed Lawyer ProfileQ&A
Education
University of Chicago
Professional Associations
Connecticut State Bar
Member
Current
Publications
Articles & Publications
The End Of At-Will Employment
Law360
Supreme Court Likely to Consider Whether Class Actions Toll Statutes of Repose for Securities Violations
Wall Street Lawyer
A Landmark Decision To Confirm Nullified Arbitration Award
Law360
Supreme Court Likely to Consider Whether Class Actions Toll Statutes of Repose for Securities Violations
Wall Street Lawyer
Websites & Blogs
Website
Lehman Law Group
Legal Answers
245 Questions Answered

Q. How long does it take for an appeal to go through?
A: You did not specify the court, so I'll assume that you mean the Illinois Supreme Court. Here is a good article: https://www.law360.com/articles/753921/the-illinois-supreme-court-in-2015-a-statistical-analysis It states: "Average time under submission for non-unanimous decisions on the civil docket was 152.6 days, a 21.2 percent decrease over the previous year. Non-unanimous criminal cases were under submission for an average of 159.6 days — an improvement of 14.2 percent over 2014. Days under submission were essentially static for unanimous decisions — 104.8 days for civil cases (a slight increase from 2014) and 120.5 days for criminal cases. Measured from the date cases began — whether by allowance of a petition for leave to appeal or filing of a notice of direct appeal — the court continued to move its docket reasonably quickly. Unanimous civil cases were before the Court for an average of 281.3 days from allowance to decision, a slight improvement from 2014, and 367 days for non-unanimous civil cases. Criminal cases were pending for slightly longer. Unanimously decided criminal cases were pending for an average of 420.5 days from grant to decision, while non-unanimous criminal cases were pending an average of 358.3 days."
Q. Where can i find a case law involving leash laws?
A: This might help: https://dogbitelaw.com/legal-briefs/at-large
Q. How can I shield myself from personal liability if my business ends up getting sued?
A: The common way is to set up a limited liability or a corporation and to maintain the legal requirement of that entity so that the corporate structure cannot be "pierced." Here is the IRS's guide on LLCs, which I see most often with startups: https://www.irs.gov/businesses/small-businesses-self-employed/limited-liability-company-llc www.lehmanlawgroup.com
Q. Could I go to jail for a civil summons domestic violence order? I'm the defendant.
A: I don't think you've provided enough information for a lawyer to give an answer with confidence. But, a summons in a civil case does not impose criminal penalties. However, once the civil court enters an order in the civil case (e.g., a restraining order on not contacting a person), it can be a criminal act to violate that order. If that happened, the police could arrest you and you would be arraigned again.
Q. If I'm injured on a cruise ship, would that fall under maritime law or regular personal injury?
A: Justia provides an overview here: https://www.justia.com/admiralty/cruise-ships/ Seems like we need more facts to make a determination. www.lehmanlawgroup.com
Q. We have custody of our grand daughter for 10 yrs. Now her dad wants custody. Can he get her.
A: The answer is yes, but a court would need to order this to happen. A factor that can weigh greatly in the grandparents' favor is if they have been acting as their grandchild's parents prior to seeking custody. I would highly recommend you see a family law lawyer to discuss how to proceed. Family law varies by state and you need an expert to tell you. I would also recommend you find a lawyer who is in that court often. www.lehmanlawgroup.com
Q. My boyfriend has expired visa it's been 5year can I still put him on my apartment lease? He do have a social security #
A: The fact that his visa expired does not affect his ability to enter into a legally binding contract or to assert certain rights (for example, under the Fair Labor Standards Act). The lease is a contract that he can enter into. However, he should contact an immigration lawyer immediately to go over his case. That is a serious issue that needs legal counsel. www.lehmanlawgroup.com
Q. What is the legal definition of adultery? And or what would a court consider adultery?
A: I think you are probably more interested in the tort, "alienation of affection." My understanding is that only Mississippi and North Carolina still recognize this tort, although North Carolina has up to 200 cases a year based on it. For the history of the tort, see http://caselaw.findlaw.com/mo-supreme-court/1352874.html "An alienation of affections claim arises when a defendant intentionally interferes with a marriage, straining relations between the spouses." "Alienation of affections claims typically fell into one of two classes: (1) suits against a man or woman with romantic designs on a spouse and (2) claims brought against meddling in-laws. A higher burden of proof applied to alienation of affections suits against the latter class of defendants; a presumption existed that relatives acted with proper motives." https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1129642 Note that there is no single legal definition of adultery. You have the federal government and 50 states and there might be differences (some minor) in each state. You also have the military which has its own code for adultery. Finally: "The Supreme Court has not yet extended the “right to privacy” to include the right to commit adultery. However, the Sixth and Ninth Circuit Court of Appeals have extended the “right to privacy” to include this act." https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446046 Thus, there is an argument that the government may not punish such an act to be considered. A court may, or may not, agree. www.lehmanlawgroup.com
Q. What does it means if an appeal reads not final until disposition of timely filed motion for rehearing means
A: Here is a solid article providing an overview of reconsideration and rehearing in Florida: https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/0020FF826AD66C5F852575C50049D2B4 In short, the court can rehear the case if an attorney or pro se party points out errors and the court agrees and then corrects that -- i.e., that is, changes the opinion. Some courts are more active in having rehearings than others, but it is still an uncommon event.
Click here to see all answers
Annotations
Irrera v. Humpherys
US Court of Appeals for the Second Circuit
SRM Global Master Fund v. Bear Stearns
US Court of Appeals for the Second Circuit
Urbont v. Sony Music Entm't
US Court of Appeals for the Second Circuit
In re Aluminum Warehousing Antitrust Litig.
US Court of Appeals for the Second Circuit
Walsh v. NYCHA
US Court of Appeals for the Second Circuit
Sokolow v. Palestine Liberation Org.
US Court of Appeals for the Second Circuit
Beck Chevrolet v. General Motors
US Court of Appeals for the Second Circuit
Kovaco v. Rockbestos-Surprenant Cable Corp.
US Court of Appeals for the Second Circuit
Vasquez v. Empress Ambulance Serv.
US Court of Appeals for the Second Circuit
Littlejohn v. City of New York
US Court of Appeals for the Second Circuit
Click here to see all annotations
Contact & Map
244 5th Ave.
Suite B258
New York, NY 10001
USA
Telephone: (724) 453-4626