sjbraden

Let's say you are entitled to receive $2,600 for the next 18 years. The agreement doesn't contain any standard insurance rate, so whatever the standard interest rate for such type of calculations is the one that is used.

if you wanted a lump-sum now that represents the present value of what you stood to earn over the next 18 years, what is the formula and how much is it?

Thanks!!!

I filed a motion for remand. The other side filed a response to said motion. How long do I have to file a reply to the motion? Is there an on-point rule or statute? Thanks!

I've been a part of several minor settlement hearings, and I've noticed that the settling defendant (or his insurance company) always pays the ad litem fees. Why is this? Is there a statute or case that says a defendant pays the gaurdian ad litem fees?

Note, i am not talking about gurdian ad litem appointed in divorce cases. I'm talking about minors who get injured in car accidents and such, and then settle with the defendant.

Citation to authority would be a major plus! Thanks!

can two attorneys agree through email for the purposes of rule 11, or must it be done in writing (i.e. fax)

Ive heard it can be through email, but cant find any authority on point.

I am speaking about THIRD-PARTY claims ... not first-party claims.

I am talking about third-party claims ... i.e., when a person sues the insured, and the insurer has to provide a defense for the insured.

Is there any authority that says an insurer has no duty to provide you a defense in a lawsuit if you do not submit to an examination under oath?

If someone has your property and will not give it back to you, what kind of motion/pleading do you file to get the property back? Pretend that the property was not stolen and the person in possession did nothing illegal to obtain your property... they just don't want to give it back to you.

Please don't say "call the cops." I want to know what the correct civil procedural mechanisms are.

THanks! Citations to authority would be appreciated.

For example, a plaintiff files a case. Defendant deposes plaintiff. Then plaintiff disappears for months and no one knows where he or she is, including plaintiff's attorney.

Can plaintiff's attorney still proceed with the suit even though no one knows where plaintiff is? Can defendant have case dismissed for want of prosecution?

Citation to some authority, case, rule, would be highly appreciative.

Here's an example:

Your car is involved in an accident. Your insurance company determines the car had an actual cash value of $5,000. You still owed $15,000 on the car at the time of accident. You would still be on the hook with the bank for $10,000 in car payments, except you have gap insurance. The gap insurer thinks that the $5,000 value your insurer placed on your car was too low. In fact, your insurer has noticed a trend by your insurance company of reporting unusally low values for vehicles. The gap insurer obviously dislikes this because the lower the value placed on the car, the more it has to pay to fill in the gap.

Can a gap insurer sue the insurance company for undervaluing cars?

I know that many doctors and dentists chose to create professional associations to conduct their business. My question is whether a doctor or dentist can be sued in his/her individual capacity for negligent work, or can a plaintiff only recover from the professional association?

Basically, is there a shield of liability for a professional association similar to that afforded to corporations? Thanks! Citation to any authority would be much appreciated.

For example, a woman's car erupts into flames due to a defect in mechanical part of the car. She gets injured, sues manufacturer of car for her injuries. Six months prior to the accident, manufacturer mailed a notice of defect letter to everyone who purchased the car. The woman never read the letter.

Is mailing notice to a consumer about a defect a valid defense? Does the letter provide constructive notice of defect? In other words, can the manufacturer say, "We are not liable here. We mailed you a letter explaining that the car is liable to burst into flames. You should have read it."

Are there any cases that deal with this issue? If so, which cases? Thanks!

Let's say there is an accident between a car and a motorcycle which was caused by the negligence of the person driving the car. The motorcyclist is not wearing a helmet and gets badly injured. The motorcyclist sues the driver of the car for personal injury.

Can the driver of the car bring in evidence that the motorcyclist failed to mitigate his damages by not wearing a helmet? I know the law does not require motorcyclists to wear a helmet, but can a plaintiff at least show that the failure to wear a helmet caused the motorcyclist to suffer injuries far greater than what he would have incurred if he had only worn a helmet?

A link to a case/rule/law or something would be extremely helpful. thanks!

Let's say my car is insured by Geico, and my friend has insurance with Progressive. My friend borrows my car and causes an accident.

I understand that my insurance is primarily liable and my friend's insurance is secondary in the event that the damages caused exceed the limits of my policy. Again, I clearly understand that my insurance is primary and his is secondary.

But can my insurance company (Geico) seek reimbursement from from my friend's insurance company (progressive)? In other words, can Geico subrogate against Progressive to be repaid amounts Geico had to pay due to the accident caused by Progressiv'e insured?

Thanks! Any links to authority would be extremely helpful!

Specifically, can a spouse be convicted for theft by taking community property and disposing of it in anticipation of a certain divorce?

I would think not because the spouse is part of the community, and community property belongs to the community estate. You can't steal your own property. Thus, the only recourse would be for the judge to take the "theft" into account when splitting up the remainder of the property.

But is there any authority to back this up? Is it possible for a spouse to be convicted of stealing community property in Texas? Thanks!!!

It seems to me that a disbelief is still a belief. For example, if someone said, "I don't believe in aliens," could that be restated as "I believe aliens do not exist"?

I have a HP Pavilion dv9000, and I running Vista.

For the past couple months, my computer won't recognize my flash drives. Other USB items, such as my iPhone and iPod are not affected. The problem is not with my flash drives because they work just fine on every other computer.

I think there may be something wrong with my USB drivers. Can someone please advise a computer illiterate person on how to fix this. Thanks!

Is there a law that prevents the military from selling MREs to a religious organization that intends to donate the meals to starving Haitians? I realize that the military does not sell MREs to individual civilians, but does an exception exist for charitable organizations? If so, does the organization purchase them at cost?

Cites to authority would be highly appreciated!

The live draft for my FF league is tonight, and unfortunately I will not have access to a computer. Does ESPN mobile or some iPhone application allow you to conduct the draft over the cell phone?

Note: I will be in a place where WIFI is available, I just will be unable to use a computer. I'd prefer to draft players over my cellphone than do the auto-draft.

Specifically, there is american company that I think is a subsidiary of a larger parent company located in Europe. Is there anyway I can find out if the american company is a "wholly owned subsidiary" of the European parent? Is there some website that would have this information?

Additionally, what is required to be a "wholly owned subsidiary," I mean does the larger company have to own 100% of the smaller company's common stock, or does it merely need 51%?

Thanks!

I am NOT talking about copying the text alone. I am not talking highlighting the words in question and clicking "copy." I am actually trying to copy the words in question with the background and font.

For example, on this website: http://www.nytimes.com/2003/11/13/us/panel-recomme...

I'd like to copy the first paragraph with the white background and that font. Is there a way to draw a square around the first paragraph and literally cut and paste that enitre block?

Is this something that can be done? Thanks!!!

For example, let's say an accounting firm has been wrongly doing calculating something for several years before learning of their mistake. Does the Internal Revenue Code or any Circular require a tax preparer to report the mistakes to the IRS? If so, is there a penalty for failing to disclose the mistakes once the tax preparer gains knowledge of the error?

If possible, could you please specify exactly where this rule can be found?