Commercial Litigation Legal Questions

Is that a question?  If so, the answer is false.  Although directors, officers, and shareholders are not usually liable for the obligations of the corporation, llc, or other legal entity ("company" is a very ambiguous word; if the "company" is not a corporation or other independent legal entity, its owners will be liable for the "company's" obligations) for which they work and/or which they own, there are many situations in which they could be liable for those obligations.... Read More

Is the individual working for you or are you just a customer or his/hers?  If the former, you may be committing tortious interference with contract, and be liable to your competitor for all damages it suffers due to the breach and/or to disgorge all profits you have made from the sales the individual has made in breach of his agreement.  While non-compete agreements are looked at with some distrust, and are often unenforceable in whole or part, they are sometimes enforced, and you can have serious problems if you breach them or employ someone knowing that that person would breach his/her non-compete agreement by working for you.  If you are just a customer, then you might theoretically still be liable, but probably only for the first company's lost profits on sales the restricted individual made to you.  You would have a claim over against the party who breached the non-compete for some or all of the monies you have to pay the first company, assuming that party has the ability to pay.... Read More

If you have a judgment against  you, the judgment creditor can pursue collection procedures, which would include seizing non-exempt property to be sold at auction.  It doesn't matter if the asset is related to the credit card or not.  However, in some states, the car (or part of its value) may be exempt from collection proceedings.  For example, I believe that in NY, $2500 of the debtor's equity in a car is exempt.  I do not know if Michigan has any exemption for a car. ... Read More

There is not a statute per se for commercial leases, as maintenance and repair of HVAC units is usually defined under the lease in commercial leasing siutation. (NOTE: the answer would be different for a residential lease under Chapter 118A of the Nevada Revised Statutes).  You should have your lease reviewed by a real estate attorney.  Usually maintenance of the HVAC Unit is the Tenant's responsibility but replacement of the HVAC is considered a capital improvement for which the Landlord may be responsible since the benefit of a new HVAC unit would inure to future tenants after your two years is up.... Read More

You should look for an attorney with a strong background in civil litigation.  I would recommend an attorney who regularly handles commercial matters and has actual trial experience.  Look for a firm that is AV rated by Martindale-Hubbell, or rated by SuperLawyers, and you can feel confident that you will be well represented.... Read More

The important issues here are not whether you 'own' the photograph or just became aware of it; rather, it will be whether the company can be sued under the laws of the jurisdictions where it does business for using the 'likeness' of someone(you) for commercial use. This requires a detailed analysis, which will require you retain counsel. Gerry Wendrovsky, Esq.- Upper West Side Business Lawyer www.upperwestsidelawyer.com... Read More

Businesses are incorporated by state, so someone in another state can have the same name.  Your name is only reserved in your state.  It would be rare to trademark a name of a small business, which is a Federal process unrelated to the name of a corporation.  A corporation can trademark its name, like "Disney", but it is an expensive process.  Even if you did trademark it, if the other person is using their actual name, or common words, you might lose a lawsuit to force them to change the name.... Read More

It's not important, but you would not be sued for slander, which relates to oral defamation, but for libel, which relates to written defamation. My answer is based on your public message.  It might change depending on what was in your private message. Not using names may not help you, if the people are nevertheless identifiable to a reasonable reader.  For example, "a certain highly paid Yankee third baseman currently on the disabled list cheated on his wife."  However, even if the people are identifiable, your statements may well not be defamatory.  Only statements of fact can be defamatory, not opinions, so your opinion that "it's sick" is not defamatory.  Your statement that an adult is dating a teenager, however, is a statement of fact.  Only false statements can be defamatory, however, so if it is true that this adult is dating a teenager, your statement cannot be defamatory.  If your statement is false, it may be considered defamatory, although some may not consider it defamatory.  It seems to me a close question whether falsely stating that an adult is dating a teenager damages the reputation of either of the parties.  It might depend on the relative ages of the parties.  Accusing an 18 year old of dating a 17 year old is probably not defamatory; accusing a 30 year old of dating a 13 year old probably is.   Even if your statement is defamatory, the defendant may still not win the lawsuit, since he may not be able to show any actual damages arising from your statement, either because his reputation was already so bad that you did no damage (for example, if you falsely claim that Ted Bundy killed 15 people, when he actually only killed 14, you have not damaged his reputation) or because you did not actually cost him any money (for example, did he lose a job, or some business opportunity, or otherwise lose some money because you damaged his reputation?)  There are certain types of statements which are considered defamatory "per se", meaning that a person has a claim for defamation even if he can't prove any actual damages; his recovery would be whatever punitive damages the judge or jury awards.  In my opinion, this statement is not per se defamatory, but many might disagree with me; again, it might depend on the ages of the parties.  Assuming the statement is not per se defamatory, your adversary will need to prove actual damages to win, which will be difficult to do.   I hope this gives you a better insight as to your chances of winning any lawsuit.  Remember, in most situations, even if you win you will be responsible for paying your own legal fees and court costs, as will he.  This may mean that the guy will go through with his threat to sue you; the fact that he is calling his claim slander rather than libel may indicate that he has not consulted a lawyer.  As for what you can do about what you term harassment, probably not much until and unless the guy breaks the law.  ... Read More

Your lease will determine your rights. If the lease is for a specific period of time, then  the landlord can only terminate it at the end of the lease, or if you violate any of its provisions(which typically would allow for a time to cure any curable default). If the lease is month to month, then the landlord can terminate the lease on the providing of 30 days notice. If the termination is not consistent with the provisions of the lease, you can certainly raise these issues in the event a lawsuit for possession is filed. Your lease would have to be reviewed to determine your rights  in your situation.       It should be noted that if you fail to vacate the premises, an unlawful detainer action would then be filed. There is a natural time delay in this process.... Read More

In most cases, general partners (as opposed to limited partners) have authority to bind the partnership.  Even if, in this particular case, your partnership agreement provided that your partner did not have authority to agree to the modifications, your remedy will probably lie against your partner, not the landlord, as the landlord will almost certainly be able to rely on what is known as the "apparent authority" of your partner to bind the partnership.  Apparent authority means that when you have given someone the indicia of authority other people are entitled to rely on it.  Since your partner is a partner, he or she would generally have authority to make decisions for the partnership, so unless you specifically told the landlord that your partner did not have that authority, the landlord is entitled to treat your partner as if he or she was authorized to modify the lease.... Read More

I would recommend contacting the Legal Referral Service of the New York City Bar Association and they would be happy to provide a referral for you.      New York City Bar Association - Legal Referral Service www.nycbar.org/get-legal-help/legal-referral-service ... Read More

call sheriffor file suit call to discuss further thx   joe Joseph R. Kalish P.A.Attorney-At-Law13153 N. Dale Mabry Hwy., Suite 115 Tampa, Florida 33618E-mail: josephkalish@aol.com (Use this email for all correspondence and pleadings).WebSite: josephkalish.com Telephone (813)962-8685 Office (813)962-1588 Fax... Read More

It is hard to answer this question without all of the facts. In particular, one would need to know the exact terms of the contract for the Lifetime Membership. If you upheld the terms of your contract and they still canceled it, then it is possible you would have a valid claim for breach of contract. Also, depending on the jurisdiction in which you bring a claim, you may have some rights under consumer protection statutes. I wish I could tell you more, but without reviewing the terms of the contract, the best answer is "maybe." Note: I have answered what I assume to be a hypothetical question and expressly do not intend that an attorney-client relationship be created or presumed as a result of this answer. If you hire counsel, you should ask your own lawyer to be certain. This response is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in New Jersey and New York, not every state. You should always consult with an attorney licensed in your area on how best to proceed.... Read More

  I would want to first take a look at your lease, however generally the terms would continue on a month to month lease following expiration of the prior lease term.   The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers. Responding to your question in no way creates an attorney/client relationship, and none of the specific guarantees of privacy exist. NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message... Read More

You have legal avenues to regain your security deposit under the Texas Property Code.  I have copied below applicable Texas Property Code statutes dealing with security deposits for commercial tenancies.  Sec. 93.011 states what a commercial landlord’s liabilities are for retaining a security deposit in bad faith.  I suggest writing your former landlord to make a demand of your deposit and sending the letter certified and regular first class mail.  You may benefit from having an attorney write or at least review your demand letter before sending it out to your former landlord. In the event a lawsuit becomes necessary, you will have proof of having taken every possible avenue to settle the dispute before seeking judicial intervention. If you would like to retain Harris Law Firm to help with this legal matter, then please contact my assistant at 972-974-5873 for an appointment.   If you live outside of our area of practice, we can still help you with pre-litigation matters (such as reviewing or writing your demand letter).  Sec. 93.005. OBLIGATION TO REFUND SECURITY DEPOSIT. (a) The landlord shall refund the security deposit to the tenant not later than the 60th day after the date the tenant surrenders the premises and provides notice to the landlord or the landlord's agent of the tenant's forwarding address under Section 93.009. (b) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. Sec. 93.011. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this chapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees incurred in a suit to recover the deposit after the period prescribed for returning the deposit expires. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this chapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. (c) In a suit brought by a tenant under this chapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. (d) A landlord who fails to return a security deposit or to provide a written description and itemized list of deductions on or before the 60th day after the date the tenant surrenders possession is presumed to have acted in bad faith.... Read More

Contracts are not valid if the consent of one of the parties is procured by duress, even economic duress.  However, duress does not mean cold feet or buyer's remorse.  You provide no information about why you felt "pressured into it", but it is very unlikely that any "pressure" would amount to economic duress. Therefore, the settlement agreement is almost certainly binding, and it would bar your claim.... Read More