Minnesota Questions & Answers by Practice Area
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Minnesota Questions & Answers
Q: Today I used a tanning bed at a salon. After the session, I sat up, and the glass beneath my butt broke. Causing a cut.
David A. Wolf's answer
There may be a personal injury claim to pursue. You may have a legal case or claim to pursue. There are also practical considerations to such claims. If the injuries are minor in nature that do not result in medical care or scarring, it may prove difficult to find an attorney to handle the case or claim. Contact a local personal injury attorney to discuss further. Also, if you did incur medical bills, find out if the tanning business had medical payment insurance to pay for such medical...
There may be a personal injury claim to pursue. You may have a legal case or claim to pursue. There are also practical considerations to such claims. If the injuries are minor in nature that do not result in medical care or scarring, it may prove difficult to find an attorney to handle the case or claim. Contact a local personal injury attorney to discuss further. Also, if you did incur medical bills, find out if the tanning business had medical payment insurance to pay for such medical...
Q: Can a company have language in a CBA that is in violation of Federal Law.
Marshall Jason Ray's answer
To determine whether a provision of a CBA (or any other employment contract or policy) violates state or federal law, it is necessary to review the provision.
To determine whether a provision of a CBA (or any other employment contract or policy) violates state or federal law, it is necessary to review the provision.
Q: Does the discovery rule apply to other cases outside of malpractice?
Mr. Michael O. Stevens' answer
The discovery rule (which varies by state) can apply to almost any tort. However, nothing in our question would implicate the discovery rule would apply.
The discovery rule (which varies by state) can apply to almost any tort. However, nothing in our question would implicate the discovery rule would apply.
Q: I have to go out of US to get my H1B stamped for a new employer. My baby visa is on process and I need my wife to stay
Shan Dimitris Potts' answer
Having the H1B stamped on your passport is not mandatory. I would suggest to wait until your wife gets her H4, and then you both can go together and get it stamped. Remember a stamp on the passport is only required if you are planning to travel overseas and come back to the US. If you leave before your wife gets her H4 you might face some problems while coming back in since the immigration officers might ask you why your wife is still staying in the US even though her visa expired. Consult with...
Having the H1B stamped on your passport is not mandatory. I would suggest to wait until your wife gets her H4, and then you both can go together and get it stamped. Remember a stamp on the passport is only required if you are planning to travel overseas and come back to the US. If you leave before your wife gets her H4 you might face some problems while coming back in since the immigration officers might ask you why your wife is still staying in the US even though her visa expired. Consult with...
Q: My boyfriend is under OSUP and checks in every 6 months.How do we get this fixed? Not sure where to start.
Shan Dimitris Potts' answer
Talk to an attorney along with all his immigration and supervision related documents. Many immigration attorneys including me offer free consultations, make use of the consultations and talk to an attorney soon. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given...
Talk to an attorney along with all his immigration and supervision related documents. Many immigration attorneys including me offer free consultations, make use of the consultations and talk to an attorney soon. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given...
Q: My uncle has POA of my grandmother, Does he have authority to say I can not visit her in her nursing home?
Adam Studnicki's answer
Check with an elder law lawyer in your state.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific...
Check with an elder law lawyer in your state.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific...
Q: My wife applied for H4 and was denied. The denial reason was 214b, and should not apply to H visas. How can I respond ?
Shan Dimitris Potts' answer
There are about 30 reasons for why someone would have received a 214b. So an attorney needs to take a look at the denial documents and talk to your wife too in order to tell you how to respond to this. Without knowing what happened if you respond she is going to get denied again. So talk to an attorney soon to figure what went wrong and how to fix it. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
-Shan Potts
Like...
There are about 30 reasons for why someone would have received a 214b. So an attorney needs to take a look at the denial documents and talk to your wife too in order to tell you how to respond to this. Without knowing what happened if you respond she is going to get denied again. So talk to an attorney soon to figure what went wrong and how to fix it. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
-Shan Potts
Like...
Q: If someone has an order of deportation and wants to get married through court is it posible they will get caught?
Shan Dimitris Potts' answer
There is always a risk involved. You need to get an attorney before ICE gets you. As you may have heard ICE has been conducting raids all over the country to deport people who have deportation orders. So the sooner you get yourself an attorney the better it is for you and your family. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your...
There is always a risk involved. You need to get an attorney before ICE gets you. As you may have heard ICE has been conducting raids all over the country to deport people who have deportation orders. So the sooner you get yourself an attorney the better it is for you and your family. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your...
Q: Does it matter if my visa expires March 25 and I get married April 9. Will my fiancé's I-130 & my I-485 form be accepted
Shan Dimitris Potts' answer
Do not worry, overstaying a visa is not a problem when applying for a green card. You came to the US with a legal visa so you should be fine. There are a lot of people who have overstayed their visas and apply for green cards. I do suggest you work with an immigration attorney to help you with this procedure. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are...
Do not worry, overstaying a visa is not a problem when applying for a green card. You came to the US with a legal visa so you should be fine. There are a lot of people who have overstayed their visas and apply for green cards. I do suggest you work with an immigration attorney to help you with this procedure. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are...
Q: Question about alias in G325A
Shan Dimitris Potts' answer
If you all the required the documents in the new name you do not have to mention the old name anywhere. Plus you have already answered no, which you got away with so no if you say yes you will get in trouble. I hope you have an attorney to help you with this application process. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility...
If you all the required the documents in the new name you do not have to mention the old name anywhere. Plus you have already answered no, which you got away with so no if you say yes you will get in trouble. I hope you have an attorney to help you with this application process. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility...
Q: How I can determine the priority date of EB3 category I filed perm on 6/12/2015 & certified 12/7/215
Shan Dimitris Potts' answer
Have you checked out the visa bulletin yet? If not check the visa bulletin first, if you are not sure how the visa bulletin works contact your employer's immigration attorney to help you with this process. You have mentioned some important details but you did not mention which country you are from which has big impact when your priority date is. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal...
Have you checked out the visa bulletin yet? If not check the visa bulletin first, if you are not sure how the visa bulletin works contact your employer's immigration attorney to help you with this process. You have mentioned some important details but you did not mention which country you are from which has big impact when your priority date is. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal...
Q: I was in an auto accident, the driver isn't the insured or the owner - who do I take to court? owner, insured and driver
Adam Studnicki's answer
A local injury lawyer can help work through all the details.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with...
A local injury lawyer can help work through all the details.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with...
Q: My daughter got a DUI in MY car and they took the plates. Do I have to get whiskey plates?
Joseph A. Gangi's answer
You should seek review of the impoundment order. The procedures are somewhat complicated so it is advisable that you seek legal counsel.
You should seek review of the impoundment order. The procedures are somewhat complicated so it is advisable that you seek legal counsel.
Q: My spouse has been to jail twice for fighting and am in the process of applying for my green card , will that affect me
Shan Dimitris Potts' answer
You need to give us more information, fighting with who? And how are you applying for the green card? If it is through the spouse and if he/she was fighting with you then it may be a problem. You should contact an immigration attorney in private to find out. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to...
You need to give us more information, fighting with who? And how are you applying for the green card? If it is through the spouse and if he/she was fighting with you then it may be a problem. You should contact an immigration attorney in private to find out. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to...
Q: I have full legal/physical custody,no father involvement in 7 years. Do I need his permission to change her last name?
Joseph A. Gangi's answer
Generally you need to provide the non-applicant parent with notice of the name change / hearing. You should hire an attorney to make sure this is done properly.
Generally you need to provide the non-applicant parent with notice of the name change / hearing. You should hire an attorney to make sure this is done properly.
Q: In Minnesota, is it legal for just anyone to walk into an insurance agents office and ask about my business insurance?
Robert Jason De Groot's answer
You have not gotten an answer yet, and if I do not point you in the right direction, I fear that no one will. I do not know the laws in your state about this so you should probably go see a local business lawyer. What I do see in what you have written is perhaps a cause of action for tortious interference with an advantageous business relationship, if that is available in your state.
You have not gotten an answer yet, and if I do not point you in the right direction, I fear that no one will. I do not know the laws in your state about this so you should probably go see a local business lawyer. What I do see in what you have written is perhaps a cause of action for tortious interference with an advantageous business relationship, if that is available in your state.
Q: Does section 256j.55 subd 1, conflict with section 256j.31 subd 8? Could one also argue that 256.515 does as well?
Robert Jason De Groot's answer
What you have to do is go have a full discussion with a local attorney who handles these types of cases. This is not at all a basic question about the law, but requires knowledge of all the facts and circumstances as well as research into the case law in your jurisdiction regarding the sections that you mention. Perhaps you should go to the law library yourself and try to look up the cases under each section, but legal research is usually quite complicated. Attorneys do it all the time and...
What you have to do is go have a full discussion with a local attorney who handles these types of cases. This is not at all a basic question about the law, but requires knowledge of all the facts and circumstances as well as research into the case law in your jurisdiction regarding the sections that you mention. Perhaps you should go to the law library yourself and try to look up the cases under each section, but legal research is usually quite complicated. Attorneys do it all the time and...
Q: What else can I do to ensure my child's father is served with child support papers?
Terrence H Thorgaard's answer
You are saying two contradictory things:
"He can not be served at the addresss I have given because people who live there say he doesnt live there."; and
"The information I have provided for home and work is current." If he doesn't live at the address you gave, the info. you gave is NOT current.
It is your responsibility to figure out where he can be served, and until he is served nothing will happen.
You are saying two contradictory things:
"He can not be served at the addresss I have given because people who live there say he doesnt live there."; and
"The information I have provided for home and work is current." If he doesn't live at the address you gave, the info. you gave is NOT current.
It is your responsibility to figure out where he can be served, and until he is served nothing will happen.
Q: Father n law passed away and has a bank account only. Does my wife have to have any paper work to close his account .
Robert Jason De Groot's answer
She needs to have a full discussion with a local probate attorney, at the very least.
She needs to have a full discussion with a local probate attorney, at the very least.
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