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The civil claim would be for wrongful death. Under Colorado law, in the first year after the death, only the spouse of the victim may sue for wrongful death. If there is no spouse, then the children of the deceased may file the action in that first year instead. After the first year, who may sue...

Of course it's the job of the courts to ensure that agencies follow the laws set for them by Congress. That's never been in dispute. I don't know how closely every federal agency follows the APA, but at the IRS we had a separate review process to make sure the APA requirements were met. It was...

The real win here isn't really providing money to Amazon customers for past purchases, especially since the damages would vary from one buyer to another and would be speculative, but rather forcing Amazon to change its practices of recommending the deal that makes it the most money to something...

The Chevron standard is, and always has been, a decision that only applied to the deference give to interpretations of federal law by federal agencies. The states are not bound by that decision in how their own state agency decisions are interpreted. They may instead apply their own rules as to...

I'd have have to see the post and what this person said to have any idea of whether the person might have a shot at winning a lawsuit, but just from what you stated here, it'd be a real long shot. If you made false statements of fact about that person, he/she may have a good defamation claim...

From what I see from the Illinois Revenue Department, the form is one that is completed by the seller and filed with the state (preferably electronically). I don't know if a copy of the form is required to be given to the buyer or if the dealer is just deciding to do that itself. The copy should...

Actually, the government does have that right. When there is a limited resource, to provide fair access to it to those interested in participating in it, the government may need to restrain the overuse of that resource by a few high producers. Getting good data is part of the process of...

If by "reopen the case" you mean starting up investigation and possible prosecution of Nicole, that would not violate the Sixth Amendment. But is still the case that the decision is up the DA. It's not up to the public to prosecute her nor may they force the DA to do so. The public often puts...

It's not a violation of the Sixth Amendment as that only applies to the government seeking to restrain the accused persons choice of attorney. It violates no ethical rule for lawyers, but it does go against the spirit of the laws and ethics rules we have. And it's a big waste of taxpayer money...

One way to really find out how much your company values you is to find another job that pays at least competively with what these new employees are getting paid and then tell the company that if it wants to keep you, it needs to at least match that other offer. This involves risk, because if...

They are not applied like they would in Colorado District Court or in a non small claims proceeding in County Court. The Colorado Small Claims Court Rules simply provide in Rule 513: The hearing of all cases shall be informal, the object being to dispense justice promptly and economically...

A good place to start your search would be the attorney search feature of the Minnesota Bar Association. You can search by area of practice and get a list of the lawyers practicing in that area. The list won't rank the quality of the attorneys, but at least you'll get information on which...

Show a yellow pages book to a milennial and see the confused look on their faces. :D That would be filled with a lot of old information that's no longer good. Law firms come, go, and change all the time, and it's not uncommon for lawyers to change firms one or more times during a career. That...

Hardly. I have a very clear picture of the Trump presidency. Many of his supporters overlook the problems of his presidency and some seem to revere him close to something like God. I'm not one of them and IMO Trump was a terrible president who, while he had some successes, overall did more harm...

Martha Stewart isn't hurting for money. She hired lawyers to represent her at her trial, and her attorneys succeeded in getting the judge to drop the most serious charges against her before trial. She got a fair trial and a jury convicted her. She has the money to hire an attorney to seek...

No, not in Colorado (or most other states). You'd need to persuade the DA to reopen the case. That's usually going to take coming up with new evidence that the DA does not already have. DAs in Colorado don't close murder cases due to costs like they do for some minor offenses. The primary reason...

The odd thing is that crimes committed with guns often don't get a huge payoff, certainly not enough to be worth the kind of prison sentence armed robbery or murder will get them. The smart crooks today use e-mail, text messages, phones, and snail mail to pull off scams to the unwary. They make...

The smart ones do obey the tax law. Sure, it means they give a slice of their ill gotten gains to the IRS, but it also eliminates the prospect of prison for evading tax. As Al Capone famously found out, he was able to keep the FBI from getting enough evidence to charge him with a crime, but the...

If she gets any of that pension after conviction. Between restitution orders, fines, and IRS tax levies, there might not be anything left for her to use from her pension. While pensions are protected from attachment for most debts, they may be attached for criminal fines, criminal restitution...

As a first offense, and considering that she's likely going to enter into a plea agreement for the charges (her cooperation suggests she doesn't dispute she took the money) my prediction is she won't get a sentence anywhere close to 142 years. It'll be a long sentence, but it may provide her a...