New Mexico Business Legal Questions

Assuming that New Mexico law is the same as in the jurisdictions in which I practice (it should be, the following is pretty basic), the members of an llc are not personally liable for the llc's obligations as long as they operate the llc correctly as a separate entity.  In order to pierce the veil of the llc, a plaintiff would need to show that the members completely dominated the llc so that it had no separate existence (which is normally shown by a failure to observe the proper formalities, commingling of personal and company funds, transfersw of funds from the company to the individuals without fair consideration and to the detriment of company creditors, etc.) and that the llc form was used to commit a fraud or similar wrongdoing.  If you operate the LLC properly, there is little risk of piercing the veil.  Of course, those doing business with the LLC (e.g. landlord, banks or other sources of business financing, etc.) know this as well, and so may require the individual members to personally guarantee the company's obligations before extending credit.... Read More

If you are suing an individual and can't find his/her name, you would generally (in the jurisdicitons in which I generally practice which doesn't include NM, but it's probably the same there) sue "John Doe", who you would identify in the caption and the body of the complaint as the business owner.   If this business is a corporation, llc, or other legal entity, you would generally have no basis to sue its owner or owners personally; as a general rule, the owner or owners of a corporation, llc, or the like, would not be personally liable for its obligations.  That is probably the main reason why people incorporate. ... Read More

As a general matter, in the United States employment is on an "at will" basis. That means that an employee may be terminated at any time for any reason or no reason at all. There are some limitations on this principle for unpermitted discrimination, but that does not seem to be a factor in the fact pattern you suggest.... Read More

You do not state whether your occupancy of this space is covered by the terms of a written lease and what the lease says about late payment. As a general matter, you will have to resolve this with the landlord, if you can -- including payment of whatever additional sums the landlord demands. If you cannot resolve it, you will need to sue the landlord.... Read More

In general, corporate attorneys (as opposed to personal injury practitioners) do not use telephone referral services. You might try a service like Martindale-Hubbell on the web, which is one of the ways that attorneys themselves use to locate professionals in other states. If you explain the nature of the problem you have and why you need one or three lawyers in those different states, we may be able to assist you with a referral. Please feel free to contact my office directly.... Read More

Assuming your contract was validly entered into -- which an attorney could assist you in determining after reviewing it -- you are entitled to the benefit of the bargain you made. You can sue to recover the difference between what they promised you and what you make by leaving and accepting work elsewhere.... Read More

Federal law may deem these products to be non-conforming motor vehicles, and it may be illegal to sell or operate them on public highways. You should consult with an attorney to analyze the precise characteristics of the items you plan to sell (which you do not provide) and compare those characteristics against the requirements of federal and multistate laws. You should not expect to get such advice for free or at a web site. You are making a mistake by focusing on "licensing" rather than whether these products may permissibly be sold and/or operated on public roads.... Read More

Your contract defines your rights and obligations. Thinking all you need is a simple letter to breach the final three years of your contract, without having seen your contract, seems overly simplified. Both Pepsi and Coke have huge legal teams, decades of experience in protecting their contractual rights, and without consulting an attorney you may be risking a lawsuit for breach of contract. ... Read More

It's interesting that you want to appeal, although I think you have some of your description a bit confused. Normally, if the defendant (you) is the losing party (which is what I understand), the judge decides "for" the plaintiff. I assume this is what you meant. Normally, the possibility that a witness lied a trial will not constitute a viable ground for appeal. An appeal is not a re-trial of the case. Rather, it is an opportunity for a higher court to review the written record of the case and determine whether an error has been made. The appellate court will defer to the trial court on matters such as the credibility of witnesses. Good luck with your appeal.... Read More