Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Glenn B. Manishin
1 Answer | Asked in Contracts, Business Law and Landlord - Tenant for Iowa on
Q: I am considering a commercial real estate lease in Iowa. The Landlord's attorney will not put just my business name.

I have an LLC, but they insist I also need to be named a Leasee individually. The purpose of the LLC is to maintain separation from me individually, so I don't want to be on the Lease as an individual, just the LLC. Is this legal?

Glenn B. Manishin
Glenn B. Manishin 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.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Q: My brother was wrongfully arrested by the bossier parish sheriff's office on the account of affiliation with the suspect

He was only arrested on the fact that the place robbed was my dad's workplace and the actual criminal who did it had a previous crime committed with my brother they arrested my brother fully on the account of affiliation what do i do.

Glenn B. Manishin
Glenn B. Manishin 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.

1 Answer | Asked in Contracts, Civil Litigation and Intellectual Property for Tennessee on
Q: I want to void a manufacturing contract with a guy with many influences in TN

I signed a contract (for a patent-med device manufacturing) with an individual who is very related to big celebrities in TN (and Hollywood), but he is not interested to follow what he said and he ignores me. I want to nullify the contract and whatever else (gross mismanagement, patents losing... Read more »

Glenn B. Manishin
Glenn B. Manishin 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.

1 Answer | Asked in Intellectual Property on
Q: Where can I find past cases/case law that declare criteria of well-known mark? thank you
Glenn B. Manishin
Glenn B. Manishin 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.

1 Answer | Asked in Business Law and Small Claims for Pennsylvania on
Q: I (plaintiff) filed a complaint for 70.000 USD becouse Defendant ( United Corrstack Paper Mill) refused the payment.

In his reply, the defendant engages in dishonest conduct, obstruct the discovery process and make a series of lies.

I have clear evidence for it.

How can I claim a default judgment? To whom to address such a request?

Glenn B. Manishin
Glenn B. Manishin answered on Apr 20, 2017

You cannot obtain a default judgment after the defendant had answered your complaint. If the facts are clear, you can move for summary judgment as a matter of law based on documents and affidavits.

1 Answer | Asked in Contracts and Business Law on
Q: Where can I find a lawyer who could help me with the interpretation of the Vendor Master Purchase Agreement?
Glenn B. Manishin
Glenn B. Manishin 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... Read more »

1 Answer | Asked in Contracts and Employment Law for Alabama on
Q: Can I change my mind on employment after signing a contract for employment? Start date of Aug 2017.
Glenn B. Manishin
Glenn B. Manishin 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)... Read more »

1 Answer | Asked in Banking, Entertainment / Sports, Gaming and Internet Law on
Q: Is giving people wrong forecast for money without a contract legal?

If I, for example, ask you to give me $100 and I will give you the team that will 100% win the Super Bowl 2017 I guarantee that. And then it turns out some other team had won and there was no legal contract only like a facebook message where I claimed that certain team will win 100% so can I get... Read more »

Glenn B. Manishin
Glenn B. Manishin 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... Read more »

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Florida on
Q: How likely is it a court will impose punitive damages without physical injury in a breach of contract case?

My employer has breached our written contract in excess of 350 times, and continues to do so.. If I'm able to bring it to trial, how likely is it that a court will impose a punitive judgement in addition to any compensatory amounts? My employer's actions are willful and egregious, but... Read more »

Glenn B. Manishin
Glenn B. Manishin 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... Read more »

View More Answers

1 Answer | Asked in Business Law for Florida on
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.

Do I Have to pay taxes on money I will never see?

Glenn B. Manishin
Glenn B. Manishin 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.

1 Answer | Asked in Contracts for Maine on
Q: What should I do: Plaintiff fails to respond to interrogatories, doc request, & request for admissions within 30 days

I am being sued for default on a private loan that I was duped into. I wasn't informed the loan was approved nor did I accept it. The funds were disbursed to a 3rd party without my knowledge and I only learned of the situation after the fact.

I answered plaintiff's... Read more »

Glenn B. Manishin
Glenn B. Manishin 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.

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: I purchase an adult coloring book. Do the colored images belong to me?
Glenn B. Manishin
Glenn B. Manishin answered on Mar 29, 2017

The colored images after your draw them are yours for copyright purposes, but not the coloring book templates.

View More Answers

1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: I need to change my 10 mo. old business from a general partnership to a sole proprietorship. Which way should I do this?

The partnership owes no back taxes. I personally bought all the equipment, supplies. My partner will become my employee. The split/change is amicable, with no disagreements to ownership, naming, clients, or anything else, and we will still be working as usual. I don't know whether to dissolve... Read more »

Glenn B. Manishin
Glenn B. Manishin 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.

1 Answer | Asked in Business Formation and Business Law for Idaho on
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?

Basically, if I wish to just walk away from the company if my partner dies, can the widow come after me for any $$$ outside of the LLC if I am willing to let her have the whole company? Thanks!

Glenn B. Manishin
Glenn B. Manishin 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.

2 Answers | Asked in Contracts and Employment Law for New York on
Q: can I break a residency md contract that will start in July 2017?

I am doing PGY1 residency program (MD) in an hospital. I signed

for PGY2 in november 2016, the PGY2 will start on July 1 2017.

Now I want to break the contract to be able to transfer to

another residency program for PGY2...can I do that? Will the

current hospital... Read more »

Glenn B. Manishin
Glenn B. Manishin 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.

View More Answers

2 Answers | Asked in Business Law and Intellectual Property for California on
Q: Regarding the use of public figures names and public domain images in a retail card game.

I would like to sell a collectible card game which has members of the US Congress, and media figures featured on each card in a neutral manner. There will be a public domain image and a quote of the individual, but the card's function in the game is otherwise neutral. I would like to sell it... Read more »

Glenn B. Manishin
Glenn B. Manishin 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.

View More Answers

1 Answer | Asked in Bankruptcy, Contracts and Landlord - Tenant for Georgia on
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?
Glenn B. Manishin
Glenn B. Manishin 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.

Q: Can an opposition refuse to answer interrogatories or produce documents simply because

Can an opposition refuse to answer interrogatories or produce documents simply because they don't agree on the facts of the matter, that they have a different version of the matter or that they just disagree on the facts ?

Glenn B. Manishin
Glenn B. Manishin 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.

View More Answers

2 Answers | Asked in Business Formation and Business Law for Ohio on
Q: Is an operating agreement same as lease agreement between a holding & operating LLC?
Glenn B. Manishin
Glenn B. Manishin 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.

View More Answers

1 Answer | Asked in Business Law for Oregon on
Q: high school booster club does fund raising and people donated for specific sports programs do we fall under title 9 law
Glenn B. Manishin
Glenn B. Manishin 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.