Business Litigation Legal Questions

If the claim was brought against the wrong individual or entity, for example, if the plaintiff is suing for breach of contract she had with your corporation rather than with you individually, it should be dismissed.  However, if she is suing for a tort, for example fraud, there could be individual liability.  Moreover, just because you have a corporation doesn't mean that the plaintiff's contract was with it.  Did the customer have any reason to know about the corporation, for example a written contract in the corporation's name?  If all that happened is that the customer ordered goods or services from a website, or spoke to someone who didn't disclose the corporate name using contact info from a website which also didn't disclose the corporation, there may very well be a contract between the plaintiff and you.... Read More

Mediation, although often preferable to litigation (a) is not binding; and (b) can only be done if both sides consent.  Given that you both live in different states, it is unlikely that the other side will agree to a mediaiton in your state.  If you attempt to start a mediaton, however, he may choose a preemptive strike by suing you in his state.  Also, if you use a professional mediation service, it can be expensive.  Although mediation is not as expensive as litigation, the money is largely spent up front, whereas litigation expenses are more backloaded, - the biggest litigationexpense is trial (although you may have to pay a substantial retainer if you use a lawyer), and perhaps 80% or more of civil litigations settle before trial.  Moreover, filing a lawsuit does not in any way bar the parties from also attempting to mediate their dispute, perhaps through the Court which may have a free or inexpensive mediation program.  Given these facts, it may be that your best option is to file a lawsuit.... Read More

Whether you are entitled to overtime compensation depends entirely on your duties, which you do not explain. As a general matter, certain executive, administrative and outside sales personnel are "exempt" from overtime compensation. It is not possible to determine your status from the limited information you provided.... Read More

You indicate that you have purchased a business.  Assuming that you have completed all payments and closed on the purchase, then the Business should be yours to operate as you see fit and without exclusion from your own business.  Your situation sounds sufficient complicated in the terms of the purchase and under which other persons are continuing to operate that for which you have paid that you should have all of of purchase documentation reviewed by competent counsel at your earliest opportunity. ... 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

You have several choices. One is simply to send the card issuer a written demand that they release the balance due and, in the letter, threaten litigation unless the balance is released within, say, ten days. A second alternative is to complain to your state's attorney general. Finally, you can try suing immediately in small claims court where you reside. I'd start with the letter.... Read More

In general, an ordinary debt like this would be time-barred. However, you will need to have the suit papers reviewed by an attorney and have the attorney defend you. If you simply ignore the papers, the statute-of-limitations defense will be lost and you will have a default judgment entered against you. Get a lawyer today.... Read More

It is really not possible to provide a definitive answer to this question. It depends on the nature of the recall and whether the problem is ulimately fixable. While a week seems like an excruciatingly long time to you, it is not in the eyes of the law (most people keep cars three years or longer), and the loss of the car for a mere week is not enough to trigger your state's lemon law.... Read More

To begin with, the car is yours and you are stuck with it. If there is a defect in the car that was NOT present when you bought it, then you may have a claim against one of the shops that worked on it. If you cannot prove that one of the shops damaged the vehicle, then you have a problem. The legal system unfortunately does not provide a remedy for every kind of product defect.... Read More

You need to consult with an attorney regarding this situation. He needs to review the contract you signed to determine your rights and remedies. It may be possible to offset the electricity penalty against the amounts owed the seller. However, that cannot be determined without a comprehensive review of the agreement by an attorney. Get a lawyer now. You cannot get the answers to your questions from a computer -- you need a lawyer.... Read More