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Q: In a Civil lawsuit, I am in the middle of Discovery and have ordered into Mediation. Can discovery continue?: Court has ordered me into Mediation on a false civil lawsuit. Being in the middle of discovery, do I have to put the process of discovery on “hold”, till after Mediation, or can I continue to collect information?

Posted about 1 month ago in Litigation

A: Andrew’s answer: I agree completely with the other responders. However, I’m curious as to what you mean by “false civil lawsuit”.

Posted about 1 month ago.

Q: Stolen Car in Shopping Mall’s Parking lot; Do I have a case?: My car was stolen in a large shopping mall’s parking lot where I’m employed. I advised a security guard that was sitting in his car by the entrance immediately about the incident, but they acted, in my opinion, very inadequately. They told me they needed to search the entire mall’s parking lot for the car before the police could be called even though I assured them that I had been employed for five months and therefore park in the same place all the time. The search took about 10-15 minutes. After about 10 minutes of the beginning of the ‘search’ my manager told me I was better off to call the police myself. At this point, the police came to aid me. Can I seek reparations?

Posted 11 months ago in Lawsuits / Disputes

A: Andrew’s answer: Probably not. Such a short delay in responding would likely have made little difference in solving this crime. Moreoever, calling the police yourself was certainly something you should do immediately in this situation. It is possible there may be some liability on the part of the mall for failing to maintain adequate security, but that would be a difficult case. Good luck.

Posted about 1 month ago.

Q: Car in husbands name. Son handed over keys to another to get something out of car. Individual took car with another person and: went for a joy ride totalling the car. Injury of passenger. Being sued. Can they go after assets if they are in the name of the spouse who is not on the title of the car?

Posted 7 months ago in Lawsuits / Disputes

A: Andrew’s answer: If you have insurance, turn this claim/lawsuit over to your agent for handling. It is what you paid premiums for. Your insurance carrier has a duty to defend and indemnify you. If you do not have insurance, seek defense counsel on your own–you have defenses available to you. If your husband ignores this, and a judgment is obtained against him, jointly held assets are likely not attachable. However, in Florida, if you do not comply with the Financial Responsibility laws regarding maintaining minimum insurance, he may lose his driver’s license and any vehicle registrations until the judgment is satisfied.

Posted about 1 month ago.

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