Questions Answered by Glenn B. Manishin

Q: How likely is it a court will impose punitive damages without physical injury in a breach of contract case?

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Florida on
Answered on Mar 30, 2017

Punitive damages are not awarded for breach of contract, even with malicious conduct, and most employment agreements include liability limitations in any event. You will likely need to bring a tort claim for intentional infliction of emotional distress, a difficult claim on which to prevail. I concur with Andy that you should consult a lawyer to analyze the case and give you advice covered by the attorney-client privilege.
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Q: I sold my shares in an llc in April. Got my k 4 and it shows over 50,000. The remaining member will not distribute.

1 Answer | Asked in Business Law for Florida on
Answered on Mar 29, 2017

Yes. Distributions are not the same as taxable income in an LLC. They are controlled by the operating agreement. Look to that document.
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Q: What should I do: Plaintiff fails to respond to interrogatories, doc request, & request for admissions within 30 days

1 Answer | Asked in Contracts for Maine on
Answered on Mar 29, 2017

The case will not be dismissed for failure to meet discovery deadlines alone.

Move to compel responses to the Ints. and Doc. Reqs. and to "deem" the unanswered Requests for Admission as admitted.
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Q: I purchase an adult coloring book. Do the colored images belong to me?

1 Answer | Asked in Copyright and Intellectual Property for California on
Answered on Mar 29, 2017

The colored images after your draw them are yours for copyright purposes, but not the coloring book templates.
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Q: I need to change my 10 mo. old business from a general partnership to a sole proprietorship. Which way should I do this?

1 Answer | Asked in Business Formation and Business Law for Colorado on
Answered on Mar 29, 2017

Sell the partnership (assets and membership/profit interests) to you as an individual for whatever price is deemed fair by all, But consider an LLC, which protects personal assets, as an alternative to a sole proprietorship.
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Q: If I am 50% owner in a LLC and my partner dies, can the widow of the company get anything from me if I give her the LLC?

1 Answer | Asked in Business Formation and Business Law for Idaho on
Answered on Mar 27, 2017

That depends entirely on the terms of your LLC "operating agreement," but those corporate formation documents (and LLC laws generally) typically shield members and owners of an LLC from all personal liability.
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Q: can I break a residency md contract that will start in July 2017?

2 Answers | Asked in Contracts and Employment Law for New York on
Answered on Mar 26, 2017

Yes and no, respectively. Employment contacts will not be "specifically enforced," meaning you cannot be forced to work, but if you choose to breach by not working for them the hospital can recover actual damages caused y your actions.
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Q: Regarding the use of public figures names and public domain images in a retail card game.

2 Answers | Asked in Business Law and Intellectual Property for California on
Answered on Mar 26, 2017

Even public figures have a "right of publicity" to control how their name and image are used in commercial products. Be careful.
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Q: I am part of a non-profit that is facing bankruptcy but has a year left on a property lease. How should we proceed?

1 Answer | Asked in Bankruptcy, Contracts and Landlord - Tenant for Georgia on
Answered on Mar 26, 2017

Contracts including leases are stayed and ordinarily discharged in bankruptcy, so if you can afford the fees associated with bankruptxy dissolution or reorganization, the lease is no obstacle.
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Q: Can an opposition refuse to answer interrogatories or produce documents simply because

2 Answers | Asked in Employment Law, Appeals / Appellate Law, Civil Litigation and Employment Discrimination for California on
Answered on Mar 22, 2017

No, those are not valid grounds on which to object to interrogatories or other pretrial discovery propounded by a party to a lawsuit.
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Q: Is an operating agreement same as lease agreement between a holding & operating LLC?

2 Answers | Asked in Business Formation and Business Law for Ohio on
Answered on Mar 22, 2017

No, an operating agreement governs how an LLC enitity is run among its members (essential shareholders), including division and distribution of profits, not an agreement between two or more LLCs or other legal corporate entities.
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Q: high school booster club does fund raising and people donated for specific sports programs do we fall under title 9 law

1 Answer | Asked in Business Law for Oregon on
Answered on Mar 22, 2017

Very unlikely. Title IX obligations apply to an educational institution or "education program or activity receiving Federal financial assistance." From your question, the booster club would not be covered because it does not receive U.S. funds.
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Q: What does the term amend to answer mean?

1 Answer | Asked in Contracts for Georgia on
Answered on Mar 20, 2017

It appears from your language that the defendant company wants to amend its answer to the complaint you file alleging contract, but there is no legal term of art "amend to answer."
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Q: If I pay someone for art of my already copyrighted character, is it copyrighted to me or both of us?

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Answered on Mar 10, 2017

It would be preferable to have a formal "work for hire" contract with the artist, but since you purchased the work the presumption is that it conveyed with all property rights, especially as it is of your character.
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Q: Where can I find a copy of the Iowa Prompt Payment Act?

1 Answer | Asked in Contracts for Iowa on
Answered on Mar 9, 2017

http://www.zlien.com/prompt-payment/iowa-prompt-payment-statute/
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Q: Moving expenses

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Answered on Mar 9, 2017

You can certainly bring a small claims action, as there was an oral agreement for your friend to pay the pod rental fees. It would be risky to sell the personal property in the pods as you have no serious legal claim to ownership or any "lien" on those items. However, if you notify the delinquent friend (in writing) and demand that she empty and return the pods by the end of the month -- at risk of your selling the property to satisfy her financial obligation -- a sale would be more defensible,...
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Q: Why am I being sued by the bankruptcy trustee for revenue I received from a company that filed for bankruptcy?

2 Answers | Asked in Bankruptcy and Business Law for Florida on
Answered on Mar 9, 2017

Additionally, in federal bankruptcy the estate is entitled to overturn outstanding contracts and recover "preferential" payments made to some, but not all, creditors (of which you are one) within 90 days prior to the bankruptcy filing.
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Q: If a person doesn't close their email on another persons phone. Can the phone owner use emails in court?

1 Answer | Asked in Internet Law for Arizona on
Answered on Mar 7, 2017

It will depend on the circumstances of the offer, as out-of-court statements, including emails, are hearsay. But the phone owner cannot be charged with a criminal violation for viewing emails without hacking into the account.
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Q: My ex has threatened to kill me and stalked me for years. Im afraid to call police ... is there another/safer option?

1 Answer | Asked in Domestic Violence for Virginia on
Answered on Mar 6, 2017

Seriously? Move away, buy yourself a firearm for protection, file a civil lawsuit for assault and get a "protective order," there are lots of options. The police are still the best however.
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Q: can my private school ban me from talking to another student outside of school?

2 Answers | Asked in Education Law for Virginia on
Answered on Mar 6, 2017

Inside the school officials have very wide discretion even in public school. Where a private school is concerned, moreover, a student's First Amendment rights are more limited, because free speech is a right one has against the government, not private parties. But ban on talking outside of school, in the absence of threats or abuse, seems rather over broad. You should consider talking to the dean/principal to work things out consensually.
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