Business Litigation Legal Questions

Presuming that the action is brought in Nevada State Courts (not Federal Courts), the right to jury in the State of Nevada requires a Request for Jury Trial pursuant to NRCP 38 prior to the first trial setting order and deposit of one (1) days' jury fees.  The present deposit is $400.... Read More

The civil justice system exists for the purpose of providing remedies to injured plaintiffs, not to uninjured ones. The essence of valuing a personal injury claim is evaluating the pain and suffering sustained by the plaintiff and restoring his lost wages and other lost non-economic injuries. Those elements of damages are all absent here. The customer will find it impossible, or at least extremely difficult, to find an attorney who is willing to represent him. If and when he actually sues, tender the defense of the claim to your insurance company. This is exactly why you have insurance. My guess is that he will never sue.... Read More

"Interim" clearances are frequently denied for seemingly frivolous reasons. There has been a fair amount of litigation in the past over denied security clearances. To make a long story very short, the courts will not second-guess the Department of Defense when it comes to granting or withholding clearances. If your circumstances have changed or are not properly appreciated by DoD, you should go back to them and re-apply. You have a much better chance of success with a permanent clearance application. See, http://www.clearancejobs.com/cleared-news/133/mental-health-and-interim-security-clearances.... Read More

It depends. Assuming the clerk doesn't reject the motion, the key issue is whether the other side actually receives the papers and responds to them. If they do, then the defect may be deemed to have been waived. Some judges may be stricter than others in allowing these kinds of defects to be cured when, as in this case, service was actually made and presumably received. By "backdated," I assume you mean currently dated indicating that service was made at an earlier date.... Read More

This is an interesting question and, because of the highly theoretical way in which it is framed, difficult to answer. As a general matter, which rights are personal to the holder of an "entitlement," a stranger to the relationship between the "entitlor" and "entitlee" has no right to exercise the latter's rights, and the "entitlor" could probably refuse to recognize the exercise of those rights. Of course, a possible workaround is for you to hold yourself out as "John's" agent. Under the law of agency, if John later ratifies your acts, then the other party may be bound, but you could be in trouble if John is unavailable or refuses to ratify. If I understand the second branch of your question correctly, you suggest that, since you and John have a common claim, you might have heightened standing to exercise John's rights on his behalf. I can think of no legal reason why this theory might be supported. As with all other matters in this forum, this is not legal advice, and you should consult an attorney regarding your rights and duties.... Read More

Under U.S. banking law, if you open an account in the U.S., it will be your account, and the bank is required to "know" you as its customer. If your friend in Ghana misuses the account (i.e., for tax evasion or money laundering), you may have liability for such misuse. Your friend should take steps to open his own account if he wants to have an account in the U.S.... 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

Most legal work for small businesses is done on an hourly basis. That means you will pay only for the services you use. The most frequently small-business legal needs are formation, leases, employment, tax and disputes. The frequency of your use of these services and their cost to you will depend on the nature of your business and your personal preferences.... Read More

You should plan on between $1,000 and $2,000, including filing fees and counseling. Much of the ultimate cost will depend on how much you can handle yourself, such as applying for registration with tax and licensing authorities. If you expect your attorney to do these things for you, then the costs will be higher.... Read More

It is difficult to tell you what attorney you would need based on your description.  It sounds as if you have been accused, by your former employer, of a crime.  If the police come to you, you should hire a criminal defense attorney.  If, however, she is just trying to sue you for money, you will need a civil defense attorney, or a litigator.  You should probably check with attorneys in your town to make a determination as to whom you should hire.  Hopefully you can get an attorney to agree to a free consultation, at which point you would want to take the letter you received from your former employer's attorney.  Good luck going forward.... Read More

As a general matter, if you acquired the sunglasses lawfully (including the people you acquired them from having acquired them lawfully), you may sell them. They are your property and you have an absolute right to dispose of them. You also have the right to advertise them truthfully. It is possible that the sunglasses you are selling were imported into the United States unlawfully or that they are counterfeit. In those circumstances, you may have liability for their sale. You should consult with an attorney who specializes in intellectual property law.... Read More