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486 legal questions have been posted about business litigation by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include business law, business formation, and business planning. All topics and other states can be accessed in the dropdowns below.
Business Litigation Questions & Legal Answers - Page 17
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Business Litigation
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Recent Legal Answers

I am seeking an attorney who is licensed in Florida AND Minnesota. Call you help?

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
This is going to be a hard order to fill. Normally, when there is multistate litigation, the litigant hires a primary attorney in the state which is the focus of the case, and then that attorney affiliates with a local attorney in the remote state. What is the reason why you must have a single attorney admitted to the bar in both states?... Read More
This is going to be a hard order to fill. Normally, when there is multistate litigation, the litigant hires a primary attorney in the state which is... Read More

I would like to know do I have just cause to break a least agreement?

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
It doesn't sound as if any of these issues affects the habitability of the apartment. That's generally the standard for breaking a lease, unless there is some express warranty that allows you to terminate the lease on some other grounds.
It doesn't sound as if any of these issues affects the habitability of the apartment. That's generally the standard for breaking a lease, unless... Read More

can you have 2 judgments in Georgia for the same debt?

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
It is generally not possible to have two judgments for the same debt -- unless the debtor (that's you) forgets to defend the second lawsuit. A judgment is an absolute bar to a second suit to collect the same debt, provided that the defendant defends and raises the judgment as a defense.
It is generally not possible to have two judgments for the same debt -- unless the debtor (that's you) forgets to defend the second lawsuit. A... Read More

What kind of attorney would i need to sue former employer of unsafe work environment with OSHA fines for those reasons?

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
If you wish to sue a former employer, you would need to hire a plaintiff's employment-law litigator. You should be aware that workers compensation is generally an employee's sole remedy for personal injuries suffered in the workplace.
If you wish to sue a former employer, you would need to hire a plaintiff's employment-law litigator. You should be aware that workers compensation is... Read More

Attn: Hillary Miller

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
Condo associations are run by a board. The board is elected. This is democracy in action. The makeup of the board and its policies represent the desires of your fellow condo owners. If you can rally enough of them to see the world your way -- that cheaper isn't always better -- then you can throw the bums out and elect your own board that will engage in higher-quality repairs. Short of that, you are screwed. The board owes you no duty to see the world your way.... Read More
Condo associations are run by a board. The board is elected. This is democracy in action. The makeup of the board and its policies represent the... Read More

Condo Unit Owning

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
The duplicate of this question has been responded to.
The duplicate of this question has been responded to.

Payment of condo association

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
This sounds like a variant of "the rent's too high." Unfortunately, as long as you are an owner of the unit, you must pay dues at the rate established by the condo board. If you don't like that rate, you have the right to run for the board or to run a campaign to replace all the members of the board.... Read More
This sounds like a variant of "the rent's too high." Unfortunately, as long as you are an owner of the unit, you must pay dues at the rate... Read More

My neihbors have to trees that shed nranches that fall on our house. These branches haves poked approximately 6 holes in our roof. Causing extensive

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
Generally speaking, a neighbor is not liable for damage caused by overhanging branches. You had the right to cut those branches down to the extent that they encroached on your property but failed to do so. Your own insurance company should compensate you for the damage to your home.
Generally speaking, a neighbor is not liable for damage caused by overhanging branches. You had the right to cut those branches down to the extent... Read More

What court papers would one file against a business that is not paying their bill oweing to another business.

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
Generally speaking, a lawsuit is begun by the filing and service of a summons and complaint. A simplified procedure applies when the amount in controversy is within the court's small claims jurisdiction (generally $5K in CA).
Generally speaking, a lawsuit is begun by the filing and service of a summons and complaint. A simplified procedure applies when the amount in... Read More

I'd like to sue a business/clinic for bad business practice (took my money and refused to refund my money even though service was not completed).

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
Sounds as if they are broke. Can't get blood from a stone. Try small claims, but don't be optimistic.
Sounds as if they are broke. Can't get blood from a stone. Try small claims, but don't be optimistic.

Do I need to sue a client in SD if his business is in SD, but I live in MN? Or can I sue them in Sm. Claims in MN?

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
It depends on the client's contacts with MN. Generally speaking, a defendant cannot be hailed into court in a remote state unless the defendant has so-called "minimum contacts" with the remote state. This generally means that the defendant acted in a manner in which he somehow purposely availed himself of the benefits of doing business in the remote state. You do not provide any information about the defendant's contacts with MN, so it is not possible to provide a definitive answer to your question.... Read More
It depends on the client's contacts with MN. Generally speaking, a defendant cannot be hailed into court in a remote state unless the defendant has... Read More

I am active duty military and I had my house burn down and the investigations proved it to b the electric companys fault do I have a case?

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
Did you have fire insurance? If so, then your insurance company pays you, and the claim against the electric company, to the extent that there is one, belongs to your insurance carrier, not to you. An attorney who practices civil litigation can help you evaluate this claim, but fire insurance will generally completely negate your ability to pursue it.... Read More
Did you have fire insurance? If so, then your insurance company pays you, and the claim against the electric company, to the extent that there is... Read More

Should our business have our insurance company represent us in small claims court, or represent ourselves? Will an insurance company send a lawyer?

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
It sounds as if you have a coverage dispute with your carrier. Since your carrier won't provide a defense to you, you don't have a choice about defending yourself. Most small commercial claims are defended by the defendant itself and not by insurance carriers. So, yes, if you had no coverage dispute, you would want your carrier to defend you. But since they apparently disclaim coverage, you don't have an option.... Read More
It sounds as if you have a coverage dispute with your carrier. Since your carrier won't provide a defense to you, you don't have a choice about... Read More

Looking for someone experienced with copyright law in Colorado)

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
The answer is "it depends." If the portrait on the wall is a copyrighted work of authorship, your reproduction of it may constitute infringement of the author's copyright. It is unlikely that photos of a hotel itself will infringe anyone's rights, but some architecture is itself copyrighted and so the same concerns would apply. When in doubt, ask for and receive permission in writing.... Read More
The answer is "it depends." If the portrait on the wall is a copyrighted work of authorship, your reproduction of it may constitute infringement of... Read More

we are located in california and are being taken to small claims court in wisconsin. we bought some stuff there but do not live there.

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
As a general matter, you cannot be sued in a remote state unless you have certain Constitutionally required "minimum contacts" there. As a general matter, those contacts can be pretty minimal in order to satisfy the requirements of the Constitution. Some courts have held that a single phone call into the remote state will suffice. You should consider filing a motion to dismiss the Wisconsin action on the grounds that personal jurisdiction is absent.... Read More
As a general matter, you cannot be sued in a remote state unless you have certain Constitutionally required "minimum contacts" there. As a general... Read More

Professional services were being provided by one corporation to another on a single project. The contract was oral and there were no payment terms

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
The statute of limitations in Pennsylvania on an oral contract is four years. The statute commences to run as to each invoice when payment of that invoice was due, which, if the invoice specified no terms, would generally be on presentation. The running of the statute should not generally be affected by partial performance unless that performance occurs after the statute has already run, which is not the case here.... Read More
The statute of limitations in Pennsylvania on an oral contract is four years. The statute commences to run as to each invoice when payment of that... Read More

how can a mechanic charge me a second time for a repair I already paid to have fixed once

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
The answer is "it depends." Normally, a repairman is not a guarantor of the condition of a repaired item; he merely impliedly promises to do his work in a workmanlike manner. It is possible that he did his work correctly but that your cars are so old or in such poor condition that his repairs did not hold.... Read More
The answer is "it depends." Normally, a repairman is not a guarantor of the condition of a repaired item; he merely impliedly promises to do his work... Read More

What is the statute of Limitations to file a lawsuit on an overpayment of $400k in est.final profits on the dissolution in 2007 ? It was a CA S-Corp.

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
Generally, four years -- although the limitation period might conceivably be extended by the partial payment made in 2010. Contact an attorney immediately.
Generally, four years -- although the limitation period might conceivably be extended by the partial payment made in 2010. Contact an attorney... Read More

Is a website used in a business considered personal property?

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
It is not "real property," so it is likely "personal property." That does not means that it belongs to the "person" who registered the domain name or created the content; it simply means that it's not real estate.
It is not "real property," so it is likely "personal property." That does not means that it belongs to the "person" who registered the domain name or... Read More

If an agreemnt releases one from a judgmnt, & the creditor then defaults on the new agrmnt, is there any way the creditor can collect on old judgmnt?

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
The old judgment was vacated and the new agreement was substituted for it. Whatever rights you have, they are the rights specified by the new agreement.
The old judgment was vacated and the new agreement was substituted for it. Whatever rights you have, they are the rights specified by the new... Read More

I got an attorney in Florida to fight a default judgment. signed a flat fee contract with my attorney.. now wants more money.

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
You have a problem. Obviously, a deal is a deal, and it is unethical for an attorney to disregard the terms of his own engagement. You can complain to the appropriate authorities, but that won't help you get your judgment opened. Your choices are not attractive -- get a new attorney or pay up with the one you've got. Since you know the one you've got is a crook, you are probably better off paying up and getting a new attorney. Then file a grievance against the old one.  ... Read More
You have a problem. Obviously, a deal is a deal, and it is unethical for an attorney to disregard the terms of his own engagement. You can complain... Read More

Is the store that i work at responsible for my car being broken into if i park where there is no working security and cameras?

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
Unfortunately, no, except under the most limited of circumstances (probably inapplicable here). This is why comprehensive auto insurance exists -- you should get it.
Unfortunately, no, except under the most limited of circumstances (probably inapplicable here). This is why comprehensive auto insurance exists --... Read More

Hello,I am being sued by an out of state resident in their AZ small claims court. The person/court does not have personal or subject jurisdiction ove.

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
Motions are decided by having a hearing on them.
Motions are decided by having a hearing on them.

Can minority shareholders who filed a complaint on behalf of a corporation against the majority shareholder substitute in place of the corporation?

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
The answer is "it depends," and a great deal may depend on the whim of the individual judge to whom the matter is assigned. Generally speaking, leave to amend is frequently granted, and apparently in this case there is no question of the futility of demand. Your attorney can properly assist you in this matter. This is not the kind of issue that lends itself to pro se drafting.... Read More
The answer is "it depends," and a great deal may depend on the whim of the individual judge to whom the matter is assigned. Generally speaking, leave... Read More

I started a LLC in Pennsylvania earlier this year with two friends. We''ve had a falling out, they won''t tie up loose ends, how can I take control?

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
Walk away -- that's your option. Start a new entity on your own and move forward. By the way, "partnership" is the proper taxation election for an LLC wth more than one member.
Walk away -- that's your option. Start a new entity on your own and move forward. By the way, "partnership" is the proper taxation election for an... Read More
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