asked
I'm amending an answer and counterclaim in a case where the defendant is in default and has filed a motion to set aside the default. We had an initial scheduling conference with a magistrate. To amend my first amendment, would it fall under Rule 16(d) or 15(b)? Also, do I need to remove the sections that I'm removing entirely or strike through those sections? Additionally, two days after I answered the complaint, a change happened where the loan was sold to a new entity and servicing rights were transferred. I did not find out about this until almost a month after filing my answer. Would I need to invoke FRCP 15(d) for supplemental pleading, and should I wait for the court's permission before amending?
March 29th, 2023
I am considering signing a contract for an offer to purchase stock of *****, Inc. with a waiver of rights. The contract includes provisions for restricted stock issuance in increments, petty cash payments, indemnification obligations, and an entire agreement clause. I am concerned about the vagueness of the 'actively involved' term, the legality of the petty cash payment, the broad indemnification clause, and the entire agreement clause. What should I be cautious of and how should I proceed?
September 11th, 2023
Is there a statute of limitations on a workers' compensation case that was filed but dismissed without prejudice? How long is the period to refile if the statute is tolled (frozen)?
June 28th, 2023
I was arrested for disorderly conduct after a fight at a supper club in Wisconsin, where I was on vacation from Florida. The police did not read me my rights, and I was held in jail for several hours. Do I have to go to court, or can I pay the fine? Is my case valid if my rights were not given?
July 9th, 2023
I am stationed in Florida and my wife moved back to Texas. She told me she is filing for child support in Texas. We are still married and in a lot of debt. I calculated the child support payments for two kids and it puts me in the negatives. Can I still file for child support even though we are not divorced, and what should I do if I can't afford the payments?
August 5th, 2023
I bought a 2014 Rockwood 194HW Travel trailer and used it only 3 times. During a camping trip on a county road that has been bladed, the trailer sustained significant damage, including loose and broken appliances and cabinets. The manufacturer suggested I file a claim with my insurance company, but my insurance company refused coverage, stating it's a defect. The owner's manual states that use on unimproved roads voids the warranty. What is the definition of an unimproved road, and does this void my warranty?
March 26th, 2023