Business Litigation Legal Questions

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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 20
Do you have any Business Litigation questions page 20 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 486 previously answered Business Litigation questions.

Recent Legal Answers

Can a plaintiff in a class action sue the lead plaintiff?

Answered 14 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
It is not really clear what kind of case this is. As a general matter, if you are a member of the plaintiff "class," that means you are not a named plaintiff and that your remedy is either to (a) object to the proposed settlement, or (b) opt out of the settlement. Generally, if a named plaintiff is getting a better deal than the other members of the class, that is a very solid basis for objection. You will need to engage counsel to do this.... Read More
It is not really clear what kind of case this is. As a general matter, if you are a member of the plaintiff "class," that means you are not a named... Read More
You can engage the services of an attorney to demand that the account be repaid or, failing that, sue them to compel that result.
You can engage the services of an attorney to demand that the account be repaid or, failing that, sue them to compel that result.
It is not clear what your question is. You filed a complaint. It is up to the state to determine how and whether it wishes to pursue it. The state owes you no legal duty to respond to you or to investigate your complaint or to resolve it in any particular way.
It is not clear what your question is. You filed a complaint. It is up to the state to determine how and whether it wishes to pursue it. The state... Read More
It is difficult to understand how you have been harmed by the liquidation of your account. You can roll the proceeds over, tax-free, to an IRA. The IRA can be self-directed if you are interested in preserving a range of investment choices.
It is difficult to understand how you have been harmed by the liquidation of your account. You can roll the proceeds over, tax-free, to an IRA. The... Read More

customer did eyelashes next day call back saying she wanna sue me?

Answered 14 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
Anyone can sue anyone for anything, unfortunately. Whether she can recover is another question altogether. It is difficult to understand what the relationship is between your customer's claims and any misconduct that you have been alleged to have engaged in. In order to prevail in court, she will need to prove that she was injured by you (not, for example, getting soap in her eye while washing her own face) and that she has suffered harm as a result. It will be difficult for her to prove either one. If you are sued, which seems unlikely, immediately call your insurance carrier. This is why you have liability insurance.... Read More
Anyone can sue anyone for anything, unfortunately. Whether she can recover is another question altogether. It is difficult to understand what the... Read More

Can I charged with theft and embezzlement from my own business?

Answered 14 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
You need to engage the services of an attorney immediately. Repeat, you do not need a computer, a bulletin board, a phone or a social network; you need a lawyer. Get one right away. Do not make any more statements about this to anyone except your attorney.
You need to engage the services of an attorney immediately. Repeat, you do not need a computer, a bulletin board, a phone or a social network; you... Read More
A lawyer who specializes in civil litigation can assist you. There are two issues of which you should be aware: (a) it is possible that the firm with which you dealt is insolvent and will not be able to pay you, even if you win in court; and (b) the cost of legal fees to prosecute this claim may be disproportionate to any possible recovery. It is not possible to state your chances of winning or the amount of time it will take. It is certainly impossible to predict whether the defendant has the resources to pay you. You will need to consult with your own attorney to resolve those issues.... Read More
A lawyer who specializes in civil litigation can assist you. There are two issues of which you should be aware: (a) it is possible that the firm with... Read More
Your best bet would be to hire an attorney in Racine, where the defendant is located, to sue for collection. Most collection work is done on a contingent-fee basis in the United States, although it is possible to engage in attorney on an hourly basis to do this work. Consideration should be given to the possibility that your employer's decision not to pay you is due to financial problems in their business. If you suspect that of being the case, you may want to be extremely careful about laying out any additional funds for collection litigation. If you need a referral in Wisconsin, let me know and I can try to find one for you.... Read More
Your best bet would be to hire an attorney in Racine, where the defendant is located, to sue for collection. Most collection work is done on a... Read More

Non-profit and DBA for fundraiser. Someone trying to steal name.

Answered 14 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
This dispute arises under the law of trademark. Normally, rights to use such names arise from use, not registration. In other words, one obtains no right to use a trademark merely by registering the trademark of an earlier ("senior") user; the junior user is still an infringer, even though the name is registered as a trade name. If the festival name has commercially important value to your organization, you should engage experienced trademark litigation counsel and protect your rights.... Read More
This dispute arises under the law of trademark. Normally, rights to use such names arise from use, not registration. In other words, one obtains no... Read More
You may want to consult directly with a local attorney to discuss the paperwork you have and to get additional information regarding your claim.  Not everything needs to be in writing - only certain types of agreements.  Oral agreements are enforceable, but are often difficult to prove.  I would suggest that you contact an attorney in your town and go from there.  Good luck.... Read More
You may want to consult directly with a local attorney to discuss the paperwork you have and to get additional information regarding your... Read More
As a general matter, the proprietor and the business are the same in a sole proprietorship. If you have a judgment against the business, then you may have incorrectly sued using the proprietor's trade name or assumed name. You should consult an attorney about recording your lien against the proprietor using the correct name.... Read More
As a general matter, the proprietor and the business are the same in a sole proprietorship. If you have a judgment against the business, then you may... Read More