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Recent content by Paul84

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

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    Will Fed. Appellate Courts Ever Allow Oral Argument by Phone or Video?

    What is the name of your state (only U.S. law)? New York, federal I requested oral argument after filing my appellate briefs in the 2nd Circuit and asked for oral argument and to do so by phone or videoconference. Am wondering if they ever allow that at the appellate level, when you're...
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    Legal Recourse Against Troublesome Neighbor Interfering with House Sale or Rental?

    What is the name of your state (only U.S. law)? Connecticut state law For the past six months, my mother and I have been trying to sell (or rent) a condo, her former residence, in what's known as a "active, over-55" community. A recent deal to sell the place fell through because the prospective...
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    Do Westlaw and LexisNexis Include All Federal Appellate Briefs in Their Databases?

    What is the name of your state (only U.S. law)? Federal case, New York
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    Webmaster (ie Quincy), Why'd you shut down my thread? Follow-On Class Action etc.

    What is the name of your state (only U.S. law)? NY federal I thought you wanted to keep everything related to the same case in one thread, like the one below at https://forum.freeadvice.com/civil-litigation-46/follow-class-action-individual-suit-double-jeopardy-599187.html Am posting...
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    Can Medicaid claw back non-probatable assets of indigent deceased?

    What is the name of your state (only U.S. law)? Connecticut I posted a version of this in the Tax forum but see that it's more appropriate for this forum. I recently read online that in some states such as Connecticut, Medicaid goes after the assets of the deceased, including non-probatable...
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    Escape from taxes, if not from death?

    What is the name of your state (only U.S. law)? Connecticut If a person dies owing money to the IRS and to other creditors but has no heirs or estate, does the death extinguish all monies owed?
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    Questions on Life-Estate Interest and Remaindermen

    What is the name of your state (only U.S. law)? Connecticut To avoid probate, my mother transferred her personal home, a condo, to my siblings and me, via a quitclaim deed while retaining life use for "income, use, improvement, occupation, and enjoyment". Eight years later, my mother is now...
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    Selling a home in NY state - can you do it pro se?

    What is the name of your state (only U.S. law)? New York Is it correct that a seller of a house in New York does not need to hire a lawyer, even if it may be customary to do so? I ask because local lawyers want as much as $2000 to handle what should be a straightforward process. For many years...
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    courtesy visit to courthouse

    What is the name of your state (only U.S. law)? New York, federal Am a pro-se plaintiff living overseas, and it's been about four months since the defendants and I submitted briefs on their FRCP 12(b) motion to dismiss. In a few weeks, I will be in New York City for a day or two on other...
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    Reading-the-Law Programs

    I recently learned that a few states, such as California, still allow one to take the bar exam without having gone to law school if the applicant has "read the law" under the tutelage of either a judge or attorney for a set period of time--4 years in California, for instance. Have any of you...
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    Follow-On Class Action to an Individual Suit = Double Jeopardy?

    What is the name of your state (only U.S. law)? NY Federal If a court rules on an individual (pro se) plaintiff's lawsuit in an antitrust action, can another law firm then swoop in and use the same set of facts or arguments to file a class action on behalf of other, similarly affected...
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    Diversity of Citizenship; Choice of Law, Pro Se Fee Recovery

    What is the name of your state (only U.S. law)? New York, Federal To paraphrase Wikipedia: Having a U.S. citizen domiciled outside the U.S. and acting as a party completely destroys diversity jurisdiction, whereby the court must apply the law of the state in which the court is sitting...
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    Is a Verified Complaint sufficient to withstand Summary Judgment (or FRCP 12b MTD)?

    What is the name of your state (only U.S. law)? New York, Federal I have a verified complaint with precise facts listed, but would like to know if I also have to submit a declaration with exhibits attached (and referred to in the brief to oppose an FRCP 12b motion to dismiss)? The verified...
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    Questions about Reply Briefs and Other Motion Practice

    What is the name of your state (only U.S. law)? New York, Federal Court In my case, after the defendants filed a brief in support of motion to dismiss (MTD), I filed a brief in opposition and amended my complaint, at which point they withdrew their motion as moot. A few weeks later, they...
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    Can Plaintiff Pro Se Mail Amended Complaint to Opposing Counsel?

    What is the name of your state (only U.S. law)? New York, Federal case. Opposing counsel for defendants made a formal appearance and filed a motion to dismiss my original verified complaint and a memo of law supporting his motion. I filed a response memo of law in opposition to his motion with...

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