Business Litigation Legal Questions

It is not possible to opine on the objectives of the plaintiffs in such a situation. Much will depend on the truth of the plaintiff's allegations, the economic magnitude of the lost business they have sustained, and any agreements or other undertakings you made while employed by the plaintiff. In most cases, the plaintiff will settle these kinds of matters for an injunction against future violations and some modest monetary payment, but you cannot be certain of that, and you must plan on defending the case. There is absolutely zero chance that you effectively defend this case without the services of an attorney. Get a lawyer now.... Read More

An answer to your question will require an attorney with whom you have an attorney-client relationship to review not only the buy-out agreement but also the documents that relate to the purported "merger" about which you inquire. It is impossible to answer this question from the information provided. What looks to you to be a "merger" may be precisely a dissolution and then subsequent investment in the continuing business, so this knowledge is critical.... Read More

Oral contracts are generally enforceable, as long as they can be proven. Sometimes the proof can be simply your word against his, or other times the contract can be proven through the conduct of the parties, or even by their partial performance of the contract. You need to consult with an attorney who practices civil litigation to assist you in analyzing this claim, the evidence to support it, and the likelihood of success.... Read More

The concept of "rentable" space is common in the real estate industry. It is not the same as "usable" space, and tenants (and their attorneys who negotiate leases) are expected to know the difference. The "rentable" space includes your share of usable elements in the building, for which the landlord must pay but for which you receive no benefit. As long as all tenants are being charged on the same basis, there's no harm to you, since the loss is proportionately the same for all.... Read More

It is impossible to tell from your inquiry whether your husband's employer is liable. Among other things, one would need to know whether your husband was acting in the course and furtherance of his employment of the time of the explosion (in which case the employer would not be liable, but your husband would be eligible for workers compensation), what, if anything, he was doing with the tank, and who owned the tank and who did what to it. Because liability issues like this are often complex, you shoudl consult with an attorney. You cannot obtain reliable information from a computer.... Read More

You have little or no standing to question the authority of an attorney who represents an adverse party. You assume, without necessarily having any foundation, that failure to probate a will defeats the other party's interests. There are legal theories that may treat the estate as having been settled even though it has not been. Your own attorney should be able to inform you about this.... Read More

Your mother has a right to bring an action against the company that did the work as well as the company that hired them to clean out the home.  If you have a power of attorney, you may be able to file suit on behalf of your mother.  Your mother can recover both the value of the goods that were taken out of the house   ( personal items and furniture ) and any loss in value to the home caused by the removal of items which are not personal items, such as carpet.  One concern will be how to document what was in the home at the time it was cleaned out.  Hopefully, you and other family members will have photos or other documents to prove what was in the home.  I suggest you consult with a lawyer about the power of attorney issue and how to file suit - since your case will not qualify for the small claims court.   This answer is given in accordance with the laws of Virginia, and is based on the facts that are recited, and assumptions which may or may not be accurate. Accordingly, this response may not be relied upon and may not be applicable in any other state. It should not be relied on as legal advice, as that would require a detailed analysis of all of the facts involved in a specific case, not just the limited facts presented in the question.... Read More

One problem with having insurance -- which is nearly always a good thing -- is that once you tender the defense of a claim to your insurance carrier, you must let them settle it as the see fit, even if you believe the claim should be completely denied. As long as the carrier is working the claim, your duty is to assist them, and they are in the driver's seat.... Read More

It seems you have an unusual setup. If your line of credit is being used to purchase a car, then you should have title to the car, not your employee. You need standard auto dealer coverage. Your insurance broker should be familiar with both the property and liability aspects of the coverage. Presumably the property coverage is mandated by the lender who does your floor plan.... Read More

You probably can sue for breach of contract and fraud in your local small claims court if the amount you are seeking is not too high; otherwise it would be a "limited action" in Superior Court.  Your Da may have a mediation service for public consumer complaints, but you will get nowhere trying to get a criminal case filed.  Good luck.... Read More