Law Talk 3-23-24
Law Talk
by Audacy
3w ago
The "C" word:  as in Contempt of Court.  What it really is, what the range of penalties are, and ways to avoid being held in contempt if you're accused of violating a court order.  The "A: word:  as in Adultery.  How our neighbors in New York are dealing with efforts to remove a 1907 statute which makes it a criminal offense; the story here in Connecticut, and how it was used historically as a defense to the criminal charge of failing to support a wife (not "spouse."  the laws never imagined that someday women might be the primary breadwinners for a family...) Get ..read more
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Law Talk 3-9-24
Law Talk
by Audacy
1M ago
Caller damaged their tire and rim when they ran over a manhole that got dislodged by a snowplow during a storm.  Whom can they sue, and how? Another caller to share his experience when the same thing happened to him. A lawyer charging for services advertised for free and refusing to refund unused portion of retainer. Yet another caller talking about his busted tire and rim due to road surface defect! What kind of trust is needed to protect disabled daughter's eligibility for public benefits ..read more
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Law Talk 2-24-24
Law Talk
by Audacy
1M ago
Why didn't the Judge believe me?"  a behind-the-curtain look at a Judge's decision-making process, and the criteria used to assess credibility. The "C Word-- Contempt:  what is Contempt of Court, how does it work, etc.? We didn't finish Contempt – ran out of time. Calls:  One caller wanted to know if Victim Impact Statements in criminal sentencings make any difference, or are just to make the victim feel good?   Another caller:  questions about disparate compensation for 2 employees doing the same job.   Another caller:  called to say thank you for the referr ..read more
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Law Talk 2-10-24
Law Talk
by Audacy
2M ago
Anne falls down the stairs because her hired caregiver was inattentive.  Ann dies of her injuries.  Ann's Estate sues the home healthcare agency which provided the home healthcare aide who was inattentive. The Agency says: you can't sue us; she was an independent contractor!  What did the Judge say, and why does this matter in other settings also (like Home Improvement Contracts, for just one example...) Special Needs Trust for disabled daughter:  do we need to update it? Do we need a revocable trust for ourselves, like the lawyer is recommending (we don't understand the re ..read more
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Law Talk 2-3-24
Law Talk
by Audacy
2M ago
 Can Vince the landlord protect himself from liability for personal injuries on the premises by pointing to a lease provision stating that the tenant, not Vince, is exclusively responsible for maintenance of the premises? A wrongful entry and detainer trial:  5 days of trial and $1. in damages. Is this the best use of our judicial resources? Brian gets injured when a wall he is standing on while doing yard work crumbles under his feet.  He says the City of Waterbury is somehow responsible.  How could that be?  And what does the Judge do? ​ We played "You be the Ju ..read more
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Law Talk 1-27-24
Law Talk
by Audacy
2M ago
 Unusual case, Part I:  What happens when a Judge openly lets their personal feelings affect the outcome of a case?  Unusual case:  Part  II:  What happens when, in the middle of your trial preparation, the U.S. Supreme Court hands down a decision which destroys your claim for money damages?  These are real cases, not hypotheticals... the rest of the show was listener calls, although they all came late in the show (and all at once!). The "taxable estate" vs. the "probate estate;" Getting a relative's name off the title to a time share at a resort; leash laws ..read more
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Law Talk 1-20-24
Law Talk
by Audacy
3M ago
 We finally got to Do Titles matter?  Part I.:  If Mary hires Ethan to cut up a fallen tree in her yard, does it matter whether he's an arborist or a landscaper?  And how!  We explained why. Part II:  The ambulance attendants injure Manuel badly when they're transferring him from his hospital bed to a stretcher.  In the medical malpractice lawsuit, does it matter if the ambulance attendants are paramedics, emt's , or nurses?  Sure does (even though they all do the sheet lift transfer exactly the same!). another look at lawyers peddling trusts "to avoid p ..read more
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Law Talk 1-13-24
Law Talk
by Audacy
3M ago
I won my case and want the Judge to award me my "reasonable attorney fees," too.  How does the Judge determine what's "reasonable" when it comes to attorney fees? Paulina got hurt when she stepped in a hole in a Waterbury sidewalk.  Can she get compensated?  It's tricky.  we explained what happened at trial  – and why. That took up most of the time. Along with one caller. A gentleman who was highly complimentary and loved LawTalk.  He wanted to know about how to choose an attorney, so we discussed that ..read more
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Law Talk 1-6-24
Law Talk
by Audacy
3M ago
A question about penalties for early withdrawal from a Roth IRA account.  I told them to call Jill on Money at 4pm for a more definitive answer than I could give. (was finance, not really law...) a driver hit a downed tree laying on a public road in Cheshire.  Lots of property damage to his big expensive pickup truck.  Town's insuror giving him a hard time. caller was in a medically-induced coma in a local hospital and his wrists were restrained too tightly.  He suffered permanent nerve and hand damage and has great difficulty using his hands. another medical call about suf ..read more
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Law Talk 12-23-23
Law Talk
by Audacy
3M ago
 Robert got struck by a car and badly injured in the Cumberland Farms parking lot when he bent over to tie his shoe.  so why did he sue Dunkin, the next-door neighbor to Cumby's?  and what did the Judge do with that? How an overly aggressive Home Improvement contractor managed to lose his Mechanic's Lien foreclosure and how the homeowners got money from it in their counterclaim... When is a contract not a contract?  the Judge's ruling surprised both the plaintiff and the defendant.. My tenants moved out and trashed the place!  What can I do?  A tale from Waterbury ..read more
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