Questions Answered by Glenn B. Manishin

Q: Subject Matter Jurisdiction (personal)

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Ohio on
Answered on May 25, 2017

No, appearance in court without contesting personal jurisdiction is consent and there's no "duped" exception.
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Q: Can an appeal be filed on a case affirmed by the supreme court?

2 Answers | Asked in Appeals / Appellate Law for Florida on
Answered on May 21, 2017

Only by petition to the U.S. Supreme Court if there is a federal law issue involved, and Scotus has discretion to accept the petition or deny review.
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Q: Is it illegal for someone to read your private text messages by snooping on your phone?

1 Answer | Asked in Criminal Law and Communications Law for Arizona on
Answered on May 12, 2017

No, it's not illegal unless the mother hacked into the phone or used software to disable encyption.
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Q: The opposing party cross-appealed after I filed my appeal. What does that mean?

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Answered on May 3, 2017

It means they are appealing issues decided against them as well.
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Q: Antitrust if a large Corp was willing to restructure debt contingent on defaulting a lease of their competitor

1 Answer | Asked in Antitrust for Colorado on
Answered on May 2, 2017

It's not possible to give a solid antitrust view of this issue with the facts you supplied. Generally. a firm can act to harm competitors, by any means, if it acts alone -- unless it has monopoly power in the relevant market. Putting competitors out of business is encouraged...that's what's competition is all about. You may have a "business tort"

claim, but not an antitrust cause of actin.
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Q: If I start up a website, can I quote all other websites?......

1 Answer | Asked in Intellectual Property and Internet Law for Virginia on
Answered on Apr 23, 2017

The legal concept you are invoking is called "fair use" ad is an exception to copyright. You cannot duplicate a website or its pages but under some circumstances -- which vary depending on the amount, nature and context of use -- use a portion of their content. Attribution or linking is not a defense or sufficient by itself alone. You should seek counsel on this from someone who knows the application of copyright to website "scraping."
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Q: I have a man who has threatened to email my boss in hopes of getting me fired on top of saying suggestive content

1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Libel & Slander for New Mexico on
Answered on Apr 23, 2017

If he is an employee or officer of the company, you may have a civil claim for s x discrimination or sexual harassment. If not, there may be a crime involved, extortion being one of them, so make out a complaint to the applicable police dept.
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Q: Can I cancel a home improvement contract for a roofing job in Illinois after the 3-day cooling period?

1 Answer | Asked in Contracts and Consumer Law for Illinois on
Answered on Apr 20, 2017

Not unless the Illinois statute permits cancellation after expiration of that 3-day period, which is unlikely. You are always entitled to break a contract, but on pain of paying damages caused to the other party — which in this case would be required to "cover" by talking on other jobs, with you potentially liable for the difference in lost profits to the contractor. If misrepresentation or fraud was involved, you have other legal options as well.
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Q: I am considering a commercial real estate lease in Iowa. The Landlord's attorney will not put just my business name.

1 Answer | Asked in Contracts, Business Law and Landlord - Tenant for Iowa on
Answered on Apr 20, 2017

Unless Iowa-specific state statutes or court decisions say otherwise, a landlord or other creditor is entitled to ask for a personal guarantee from a corporation's principals. You are also entitled to say no.
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Q: My brother was wrongfully arrested by the bossier parish sheriff's office on the account of affiliation with the suspect

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Answered on Apr 20, 2017

Bail him out and hire a criminal defense lawyer. If the "probable cause" for arrrest was as flimsy as you say, the charges should be dropped or reduced to a misdemeanor by the prosecuting state attorney. Handling a criminal case "pro per" (without counsel) is a recipe for disaster.
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Q: I want to void a manufacturing contract with a guy with many influences in TN

1 Answer | Asked in Contracts, Civil Litigation and Intellectual Property for Tennessee on
Answered on Apr 20, 2017

This site is not a great vehicle for retaining counsel. Use Lawyer.com, Martindale or UpCounsel and limit your inquiry to attorneys admitted in TN so they would be in a position to file suit on your behalf.
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Q: Where can I find past cases/case law that declare criteria of well-known mark? thank you

1 Answer | Asked in Intellectual Property on
Answered on Apr 20, 2017

Google Scholar is the best open source. Limit your search to the U.S. Court of Appeals for the Federal Circuit. There are also many administrative decisions searchable on the USPTO website.
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Q: Where can I find a lawyer who could help me with the interpretation of the Vendor Master Purchase Agreement?

1 Answer | Asked in Contracts and Business Law on
Answered on Apr 7, 2017

Almost any lawyer who handles business law issues should be competent to help you interpret such a commercial agreement. You cannot hire an attorney on Justia, so far as I understand, but there are a number of legal directory and "marketplace" services online that allow potential clients to screen, consider and even get bids from lawyers for specific matters.
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Q: Can I change my mind on employment after signing a contract for employment? Start date of Aug 2017.

1 Answer | Asked in Contracts and Employment Law for Alabama on
Answered on Mar 31, 2017

Contracts for employment typically will not be enforced by a court order compelling the employee to work for the contracting company, but breaking the contract would give the company the right to ask a court to (1) recover actual damages, if any, to the business caused by your breach, and (2) possibly bar you from working a different job or for a competitor.
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Q: Is giving people wrong forecast for money without a contract legal?

1 Answer | Asked in Banking, Entertainment / Sports, Gaming and Internet Law on
Answered on Mar 31, 2017

That deal is likely to be considered a wager or bet (gambling), which in most U.S. states is illegal, and illegal contracts cannot be enforced. Contracts can be formed by an exchange of messages, calls or emails, without a written agreement, if they meet the other elements of a valid contract (price, promised performance, etc.).
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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?

2 Answers | 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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