Commercial Litigation Legal Questions

Yes, although there are often good reasons not to do so but to only sue the employer, since the worker (a) may not be able to pay any judgment; (b) may be difficult to locate; and (c) may be more likely to be a truthful witness if they are not being sued personally.  There could also bevquestions about whether an individual worker, who you are not paying, has violated a duty to you.... Read More

the answer to this question is probably in the terms of your lease.  I've seen responsbility for the HVAC unit in a commercial lease allocated to tenants or to landlords.  It just depends on the situation. If the unit services only your premises, if it's relatively small, if the lease is long enough to "recover" what you pay to replace it, usually that would mean the tenant picks it up. But if the landlord presented the lease to you and you didn't negotiate it, you are probably responsible for it. Read your lease -- that's the first step.  There is no commercial landlord law that speaks to this issue.... Read More

In NYC, anything up to $25,000 is a Civil Court matter, which is the lower level court between Supreme Court (regular trial court) and small claims.  If this was not a total scam, and there really is someone to sue, then your case seems solid.  I handle these cases on a flat fee if the case settles without a trial.... Read More

Generally speaking, an unlicensed contractor cannot recover either under a breach of contract theory or an unjust enrichment theory.  In short, the unlicensed contractor is out of luck.  Indeed, even if he or she files a lawsuit seeking recovery, you may be entitled to the recovery of costs and sanctions for having to defend the suit.  Indeed, Michigan courts have drawn a fairly bright-line rule forbidding recovery for unlicensed contractors.  The policy of the rule in general seeks to protect the public from unscrupulous contractors and those that don't know what they are doing.   To further show how strong a rule this is, in one case, an experienced contractor who allowed his license to lapse was denied payment after completing an addition to a home.  There was nothing wrong with the addition or the workmanship.  But because the contractor was not licensed, his lawsuit was dismissed.  In any event, if you are sued, you should retain an attorney to further assess all of the facts and circumstances and to represent you fairly and competently.  And if your business entity is sued, an attorney would be required for representation.  I hope that this addresses your question.           ... Read More

Is there anything in your lease which prohibited the landlord from leasing the adjoining space to a gun shop?  Is there anything unlawful about the gun shop's operations or does it in any way violate your lease (e.g. if it results in obnoxious odors, it may violate your right to quiet enjoyment of your leased premises)? If not, that was a risk you took and not a basis to avoid the lease.... Read More

Your first course of action should be to consult with a Google Shopping consultant to figure out why your account was suspended and how it can be fixed.  This may be a quick and easy solution.  It's best to get back in business as soon as possible. If you want to pursue your legal rights, you may have a case for intentional interference with a prospective business advantage, breach of contract, breach of the California Unfair Competition Law, and similar causes of action.... Read More

Your questions are too complex to really give you specifics but this is some general information. Since you have no written agreements concerning what might happen if the business broke up you may have some difficulty. Many times businesses will have members sign a non-compete agreement. Violating that agreement can be the subject of a civil case. But you do not have that in your situation. Depending on the specific facts and what the understanding was between the two of you in case your relationship ended, you may be able to assert some type of civil claims (i.e. some type of breach, fraud, tortious interference). What you might be able to claim really depends on the specific facts though. You can represent yourself but if it your company making the claim then you cannot and will need an attorney. Even if it is you suing as an individual, this situation sounds more complex and you should seek out a commercial litigation attorney. As far as him now seeking to reduce his child support, your business claims would more likely need to be dealt with in a seperate forum as the family court would probably not have jurisdiction to hear those claims. Again, discuss with a commercial litigator. ... Read More

IF the company had a written policy in place BEFORE you applied for FMLA that stated what you could do with PTO or how it could be applied when taking FMLA, and this policy supprts or authorizes the employer to deny your planned vacation time, then this might be legal. If there was no such prior policy, then they cannot preclude you from using your previously approved PTO for that period of time.  To do so with probably violate the FMLA.  You should ask for an explanation in writing as to their basis for denying you vacation and indicate that this appears to be in violation of the FMLA. If they ignore you, then either see an employment law attorney or file a charge with the US Dept of Labor... Read More

Are you sure there is nothing in the lease which accelerates the rent upon default?  It would be very surprising if there were not.  Almost all commercial leases have clauses that provide in substance that all rent under the lease shall become immediately due and owing upon any default by the tenant.  If so, your landlord can sue you for the entire amount of rent due for the full term of the lease.  If not, however, the landlord can only sue you for the rent owing to date, and must commence suit again (or amend his claims) as more rent becomes due. In some jurisdictions, commercial landlords have the obligation to mitigate damages, that is to attempt to rent out the space and reduce the amount owed by the defaulting tenant by the amount of rent received during the remaining term of the lease.  Not all jurisdictions have this rule, and I don't know what Georgia law provides. I see no defenses on the face of your email, but if you are deeply in debt you may be able to file for bankruptcy protection.  This could result in discharging your debt, and also possible tying up the proiperty for some time.  For these reasons, the landlord may be willing to settle for less rent to avoid a bankruptcy filing.... Read More

The e-mail will probably be fine, although it never hurts to enter into an agreed order with the court.  In the event that the other attorney attempts to move to compel, you can attach the e-mail to show that an agreement was made prior.  If they are naming you as a corporation in the complaint, as opposed to as an individual, you will need an attorney to represent your company.  Corporations in the state of Florida must have an attorney representing them, individuals do not.  If you need more information, you can call my office at 954-727-8285... Read More

Assuming Oklahoma law in this area is the same as New York, you could be responsible for the damages if they were caused by your negligence, but it doesn't seem as if they were.  If you were not negligent, you are not responsible, but that doesn't mean that your employer can't fire you if you refuse to pay.... Read More

You can sue anyone for anything, but I don't think you would win.  You would have to show that the venue knew or should have known about the noise problem, and should have disclosed it to you, before you contracted for the venue.  You would also have to prove the amount of your damages.  Your contract with the venue did not provide that no loud parties would take place at neighboring venues, so the venue didn't breach the contract.  Your only claim would be fraud - that the venue knew about the noise problem but failed to disclose this material fact to you before contracting, and that you wouldn't have contracted if you had known.  Theoretically, if you can prove this, you could rescind the contract.  However, since you didn't cancel the wedding, the venue would still be entitled to receive the reasonable value of what it provided you, which might be less than it would have been if there had been no party, but certainly is not zero.... Read More

Not sure what you mean by legal.  Assuming that Chrysler has breached its warranty, the fact that Chrysler will not be able to repair your car for months, presumably meaning that you will have to pay for a temporary replacement, adds to the damages you have suffered and can recover for that breach.... Read More