Ohio Business Litigation Legal Questions

So yes you can file a defamation lawsuit against somebody who publishes false defamatory information about you to a third-party. But the larger question is how are you going to recover any money from her? Typically, homeowners insurance policies or renters insurance policies do not protect their insured against what is known as advertising injuries. That is a fancy way of identifying defamatory slanderous remarks. However, most businesses that have liability coverage do cover these types of torts. But I seriously doubt that she made these remarks in her capacity as an employee of a business. So by all means file a lawsuit against her in small claims court, and then you would limit your recovery to the jurisdictional amount of the small claims court. But at least it would force her to have to defend a lawsuit and to be exposed possibly to a small claims judgment. Good luck! ... Read More

Too many facts are missing here to take a guess at an answer.  In order for the complex to be responsible for damage to the vehicle, they must have breached some duty they had towards you.  Why was the vehicle damaged, what happened? You need to sit down with an attorney for a full consultation before anyone is going to be able to tell you whether or not you have a viable cause of action. Best of luck.... Read More

That depends on the agreement you enter into with the SBA and the lending bank.  First, since you own 40% of a company, I assume that it is an independent legal entity, most likely a corporation or llc.  If so, you would not in the normal course be personally responsible for any part of its obligations. However, I'm sure that the SBA and lending bank will want personal guarantees from the company's owners.  The extent of your obligation willd epend on the provisions of the guarantees, but most likely you and the other owners will be jointly and severally responsible for the entire loan.  This means that, as between you and the other owners, you would each only be responsible for your pro rata ahsare of the loan, but if for some reason one or more of the owners are unable to meet their obligations, the other owners will have to make up the shortfall.  You could sue the nonpaying owner for reimbursement, but as between you and the SBA and bank,  you would have to pay, and if the other owner had no money with which to reimburse you, you would be stuck.... Read More

I don't practice in Ohio, so maybe the procedure is different there, but in the various jurisdictions in which I practice you don't make a motion for a subpoena.  You simply serve the subpoena.  If the party served refuses to comply, you would then make a motion to have the court enforce the subpoena.  You might need to make a motion if you need to have a subpoena issued out of the state in which your action is pending, but it is very unlikely that a small claims court would have the power to do that.... Read More

Best advise - Contact an attorney to go over your documents, what you purchased (land, equipment, building, etc), what entity form is best and why, as well as all other issues related to the transaction. I have too many questions to give you a full and complete legal analysis based on the provided information. ... Read More

Do you have a contract (which could be either individual or from collective bargaining, and could come about from an employee manual) which limits your employer's right to fire you?  Do you believe that you are being discriminated against based on some statutorily prohibited reason, such as race, religion, or gender?  If not, your employer can fire you for any reason at any time.... Read More

Generally speaking, a person who buys used goods (including motor vehicles) buys them "as is" in the absence of an express warranty. Your "impression" is not a substitute for an express warranty, and even the dealer's representation that he had checked the vehicle is not a warranty -- it's a statement regarding the procedures he had followed. What does your contract say about warranties?... Read More

There is probably no good option to accomplish that. To prosecute for the full amount,  you'll need to engage the services of an attorney, which will likely cost you more than the difference. Most of the time, with claims of this magnitude, it makes sense to reduce the claim to the small claims maximum and go that route.... Read More