Category Archives: CIVIL LAW

Can I sue my parents for opening my mail?

Q: Can I file suit against my father for opening confidential mail addressed to myself.I am a 21 year old college student living Pa, I am originally from Ohio. I was recently in an auto accident and I had asked the police to send all paper work regarding the accident to my current address not the address on my Driver’s License. They ignored my request and sent it to my father house in Ohio. My father and step mother proceeded to open that paper without me knowing. They called me and harassed me regarding the accident. I am no longer or have been financially dependent on them and choose not to inform them on the accident due to this reason. Is there any legal action i can take to file suit against them for opening my confidential paperwork.

A:  You need monetary damages, measurable economic harm to have been done as a result of a parent opening your mail. You didn’t mention any such damages. Secondly, you need liability. I am not sure a judge or jury will find a parent liable for opening mail in the family home which has been addressed to their child. This case would not generate much interest among lawyers and I would therefore advise you to just try to get along better with your parents. I don’t even believe a suit against the police would work, as they may have been using a prior, although incorrect, address and you would be deemed at fault for not updating your address with the post office or Department of Motor Vehicles. In addition, the law is often forgiving of mistakes when made in good faith. You should also be aware that if you are still covered by your parent’s motor vehicle insurance, most liability insurers require prompt notice of an accident, which would be more reason for your parents to open your mail.

Can we revoke a non-disclosure agreement?

Q: I have a signed a Non Disclosure Agreement with a client. What needs to be done if we both want to revoke it? I am a graduate student. I live in Pittsburgh. I have got a final year project assigned to me by our university. The client sent me an NDA to sign. And I signed it and sent it to the client(soft copy), which is not in compliance with the university policies. The client and me both understand this and want to revoke the signed agreement. Please advice how we can do it. Thanks a lot! (Pittsburgh, PA)

A:  I would prefer if you review the contract with an attorney. Generally, the parties to a contract, can revoke or rescind the contract by entering a simple agreement to rescind the prior contract. You should execute it with the same formality that the original contract was executed.

Defamation – Slander per-se? Do I have a case?

A: A co-worker of mine spread a nasty rumor at work that I have a loathsome disease, which is not true. She also keeps talking about my breast augmentation, to other workers and our clients. I am experiencing such distress. What are the steps I need to do to take action? Thank you.

A: You need to prove that she said this (liability) and damages that you have suffered. Your damages need to be quantifiable, meaning you may need to prove that you treated and incurred costs of therapy or suffered some type of measurable damage to your image in the work environment or in the public eye. You may want to see if your employer has an option. If it is a bigger company, the HR department may mediate this and take action against the person. The only way to determine if you have a case is to sit down with a personal injury lawyer or employment lawyer and go over all of the facts.

 

 

Can this lawyer really do this to me?

Q: I’ve been trying to get this lawyer to take her name off of my case since November. They have been charging ever since, even the time spent in telling them they are fired. I now have a court hearing with the judge next Tuesday to do this. Today, I get this letter in the email saying effective January 1st  they are raising all their prices. This cannot be legal.

A:  The attorney has to file a Praecipe to Withdraw his or her appearance to officially be off the case. In some matters, like in Orphan’s Court or Criminal Court, the courts not only require a Praecipe to Withdraw from the old attorney, but require a Praecipe to Enter Appearance by the new attorney. Since I have no idea what type of case this is, I am not sure the judge needs to approve or sign off on the withdrawal. I am not sure what the hearing before the judge is about but perhaps at that time, the judge will let your attorney to withdraw her appearance. I would send a certified letter to the attorney stating that you no longer need their services as of the date you originally told them. If they sue you for services performed after you fired them, you can use your letter as a defense.

Parking garage lost my keys. Can I file suit?

Q: Can I sue a garage for losing the keys to my car they are refusing to pay for new ones and I have no spare?

A: The garage owed you a duty under bailment law. This was an implied contract to maintain your personal property, in exchange for the fee you paid.  They probably have a disclaimer and release on the ticket which says they are absolved from any such loss, but most likely it will not be a defense to them in court. New key fobs with all of their technical capabilities can run at least $200.00 to replace and reprogram and sometimes much more for some of the higher end cars.  It is a long shot, but you could also look to your insurance to see if they will cover this loss. Then, your insurance company can go after the garage.