Business Litigation Legal Questions

I think your local district magistrate is an excellent place to file this claim.  It gives the manufacturer a specific deadline (the hearing date) by which to take action.  Sometimes that's what it takes.  I've done this myself when I've been dissatisfied with responses from retailers, etc.  You should complete the complaint form (you can find it here:  http://www.pacourts.us/assets/files/setting-897/file-771.pdf?cb=58fb7b), take it to your local magistrate and pay the filing fee.  The magistrate will serve the complaint on Samsung and schedule a hearing.  You should check Samsung's website for the correct address to contact them via the mail.   Good luck fellow "Pittsburgher"!... Read More

Have the designer sign a contract beforehand that specifies that any ideas or other information you disclose to them in connection with their potential development of your website belong to you; such information and ideas can't be used by them in any way other than to develop your website, or disclosed to anyone except their employees (who must sign the same agreement) for the sole purposes of developing your website, and that if they breach the agreement, in addition to any other remedies available at law, they are liable to you for all proceeds derived from the unauthorized use and/or disclosure of the ideas or other information.   The above is not intended to be the actual contract, just a quick guide.  If you don't want to hire a lawyer to prepare the agreement, and do it yourself, be careful to try to anticipate any contingency.... Read More

If the former employees left false reviews in an effort to harm your business, you (or the business if it is a separate entity) can sue them for tortious interference with prospective business relations, if you can prove that the yelp reviews actually harmed the business, which will be very difficult.  However, if the former employees only stated their opinion, they have the right to do that, regardless of whether it hurts your business.... Read More

Well, that depends.  If the store is owned independently, you're probably going to want to serve the owners of the store (and that may be another corporate entity itself).  Go to sunbiz.org and search for the store under the fictitious name and then follow that info to the entity search.  Look for the "Registered Agent."  Then, you'll have ABC, Inc. d/b/a CDE, Corp. c/o Registered Agent at [address], and you serve that person/entity (the RA).  If the business isn't owned independently, use the same process, but you'll serve the registered agent for the corporate entity in Florida.  The corporatation doing business here should be registered as a foreign entity and then will be required to have a registered agent in the state of Florida.  If you serve the registered agent, you should be good to go.  I'd also say to check out the clerk of court in your county - generally there's some very helpful information regarding small claims.... Read More

What does your lease provide?  The lease is a contract between you and your landlord.  If it provides that you are to pay rent for the attick anad cellar, then that's what you agreed to and must pay; it if provides that you are only charged rent for space other than the attic and cellar, then the landlord has to live with what he/she agreed to.... Read More

In the normal course, the individual owners of an llc are not personally liable for the llc's obligations.  That is the main reason why people form llc's or corporations to operate their businesses.  As long as you run the llc properly (e.g. don't commingle the llc's funds or other assets with your own, make sure to use the llc in all business dealings, etc.), you would not be personally liable.  That doesn't mean, however, that you are not personally liable for your own torts or other wrongdoing.  For example, if, in the course of your work for the llc, you drive a car owned by the llc and hit a pedestrian, both you and the llc could be liable.... Read More

I'm not sure where "act of god" comes into it unless you're concerned with insurance coverage.  Has the neighbor's negligence, either in failing to maintain or reinforce the wall (assuming that the wall is on their property and is therefore their responsibility) or in failing to take reasonable steps to prevent the shifting, or in some other way, caused you damage?  If so, you may be able to make them (or their insurance company) reimburse you for those damages.... Read More

If there is no entity, the individual is personally liable.  However, don't be sure there is no entity.  Merely because the principal place of business of a corporation is Rhode Island doesn't mean that it is incorporated there.  Many corporations and other business entities are incorporated in states (usually Delaware) other than where they do business.... Read More

If the original notice of deposition was properly served on your former attorney when you were still represented than you would have to attend. I would not take the risk of not showing up at the deposition as your failure to show could result in sanctions. If the date is not a good date for you you should all opposing counsel and see if they will agree to a mutually convenient date. Good luck, Jon... Read More

Hi Lisa,   I am a little bit confused about your situation, but it sounds like you maybe have two issues. One is that you have an outstanding loan that is not being paid. You would almost certainly have a claim to file a lawsuit and recover the amounts that are due on the loan.  I don't totally understand the SEO issue since you no longer own the company that is impacted. I would need further explanation before I get back to you on that. Presumably you are alleging that they have manipulated the the search process so that yoru company is basically buried? Let me know if you would like assistance. Thanks,Jon... Read More

I can understand your concern, but I can see nothing illegal about hiring an ex-con.  If this person should abuse his/her position to steal your money, you could try to hold your employer responsible for that loss, arguing that your employer was negligent in hiring someone for such a responsible position whom your employer knew or should have known could not be trusted.  However, if the only evidence you had was that this person had once committed a crime, it is unlikely that you would win, since public policy favors offering employment for former criminals who have "paid their debt to society."... Read More