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  1. Michael Wechsler

    H Visa Apply for H1B with a Manslaughter 2nd degree charge pending.

    Your situation is very unique. There isn't anyone who can give you any assurances, as I'm sure you know. Essentially the best you can do is speak to an experienced immigration attorney to be able to apprise the options you have and the odds of resolution in your favor regarding an H1B visa. As...
  2. Michael Wechsler

    How to know if your lawyer is overcharging you?

    Very true on all accounts. And contractors... that's a good one. Often overlooked as one doesn't usually need them as often as an attorney or doctor.
  3. Michael Wechsler

    How to know if your lawyer is overcharging you?

    He/she sends you a bill? I was amused seeing this headline on the front page of today's New York Post - How to know if your lawyer is overcharging you. Apparently lawyers are on the short list of professions most likely to overcharge. I'm sure comments are forthcoming about the medical...
  4. Michael Wechsler

    Final pay

    My guess is that your employer is furious and playing games with you, perhaps wants to see what he/she can provoke (perhaps an admission) by telling you that your paycheck is being dropped off at the local police station. Obtain some clarity from your ex-employer before heading anywhere.
  5. Michael Wechsler

    Premises Liability Injury on School Property

    The time limit can be very strict. Here in New York it's a 90 day notice of claim against the city. Correction, thank you. Grandchild! Still the same concern.
  6. Michael Wechsler

    Premises Liability Injury on School Property

    I'm sorry to hear about your child's injury and the costs which are escalating. Certainly it's an alarming problem and hope your child is recovering, which is most important. A couple of issues that summarize the above. My understanding is that a summer camp ("Camp") was operating a day camp on...
  7. Michael Wechsler

    Repossession but lender is unable to recover vehicle

    I suggest that you send written notice with proof of delivery, be it a fax, an email (receive confirmation) or a letter via proof of mailing or certified with return receipt. It doesn't need to be ominous, it just needs to provide them with brief notice about your payment, desire to pick up your...
  8. Michael Wechsler

    Landlord wants me to grow illegal weed

    Much of the time there is a lot of bark with no bite or lawsuit. Filing for an eviction and going through with it will cost him time and money and probably won't get you out anywhere nearly as quickly as he hopes. Filing to evict you will not result in an eviction before October 15, at least not...
  9. Michael Wechsler

    Beaten and Tased by Police but Not Arrested

    Unfortunately this is why no attorney will take your case without video footage. You want the attorney to take the case for free on contingency (not pro bono, which is purely for free.) While I sympathize with your position, understand that everyone needs to pay the bills. If your case results...
  10. Michael Wechsler

    Attorney suing for legal fees.

    I've very often seen $5,000 exist as a retainer requirement which you must replenish when it is depleted. As @adjusterjack mentions, the legal costs of adverse parties is not required to be equal and often it likely would not be, given the work is different for each party. I'm wondering why the...
  11. Michael Wechsler

    What is the difference between JD and ESQ?

    I'll add something for clarity. J.D. or "Juris Doctor" has been described above - it is a doctorate of law which is what accredited law schools in the US generally provide. It does not mean that a person is a licensed attorney who can practice law in a jurisdiction. The law school graduate must...
  12. Michael Wechsler

    Landlord wants me to grow illegal weed

    To me it seems both @adjusterjack and @mightymoose have good points. If you have a lease then the sale of the home does not force you to move as per @mightymoose - but I'm wondering whether you have a lease and, if so, what is its duration. If it expires prior to or near the closing of the...
  13. Michael Wechsler

    Pet fee charged for visiting emotional support animal

    The Fair Housing Act may only provide relief for renters and the law may not apply to guests. There appears to be little relevant case law that is directly on point and the only reference I saw regarding guests after quickly perusing on the subject is a consent decree in U.S. v. DeAngeli, Case...
  14. Michael Wechsler

    Consumer Law, Warranties Walgreens refills prescription with generic after Dr forgets to add brand, customer pays

    Agreed on the right to give me a refund. :) However the store is not admitting they made a mistake. Even though the store solicited me to contact my doctor for refills (and I obliged), they aren't taking responsibility for inquiring with my doctor and ensuring that the prescription for a refill...
  15. Michael Wechsler

    Consumer Law, Warranties Walgreens refills prescription with generic after Dr forgets to add brand, customer pays

    So the saga continues. I called my doctor to replace the prescription and, here we are almost a week later - no new prescription. I called the pharmacy and they said that "by law" if there is a generic available they can dispense a substitution. I've never ever had them refill a prescription...
  16. Michael Wechsler

    Assault & Battery Domestic Violence and PRR

    I really don't like shutting down conversation threads and I think it's about that time because there is no useful conversation being generated.
  17. Michael Wechsler

    Assault & Battery Domestic Violence and PRR

    Rereading it, I believe you are probably correct regarding context. Still, it emphasizes the point that we have no idea what really went on here. And if there is a pattern that is understandable, it is that often victims of abuse will protect their abusers. Whether it is the case here - which we...
  18. Michael Wechsler

    Assault & Battery Domestic Violence and PRR

    Perhaps we can all calm down and have a civil conversation? I haven't seen any DA or criminal justice system want to promote an obvious dismissal, especially a case which would involve years of jail time (a felony) and cost to the state for a minor incident. What happens most often is that the...
  19. Michael Wechsler

    Right of Publicity Can I Legally Write & Record a Hit Record Using the Name of A Baseball Player without Permission

    That's an interesting case, which ultimately was settled after it appeared Park lost at trial and on appeal for a $5 BILLION lawsuit against Outkast. An interest excerpt from a an article which covered the Rosa Parks v. Outkast lawsuit. Mrs. Parks has no children. Her 13 nieces and nephews, her...
  20. Michael Wechsler

    Right of Publicity Can I Legally Write & Record a Hit Record Using the Name of A Baseball Player without Permission

    As a practical matter, if the name is readily identifiable as a famous baseball player and your songs are about baseball, one can assume that the player's attorneys will find a relevant statute that applies to your situation to make it difficult and expensive for you regardless of whether they...
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