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This is in regards to a breach of contract case I filed against a company.
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."
So I have a question regarding copyrighting a work of art of a copyrighted character I own/created. If I created a character that I already got copyrighted by the US copyright office, and paid someone for art of that character and want to include it on my already existing copyright of that... View More
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.
answered on Mar 9, 2017
http://www.zlien.com/prompt-payment/iowa-prompt-payment-statute/
Back in January I agreed to rent three pods to help a friend vacate her house and move into mine. I rented the pods and had them delivered to my house. It is now March and the pods are still here and still full. I am paying over $500 a month for the pods. She hasn't decided if she wants to... View More
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... View More
The company had a revenue share agreement of 50/50. This agreement started in 2011. He would do the marketing and I would do the service and support. So weekly we split the revenue generated in 1/2. All monies were going into my account and I would wire to him his share. We were supposed to... View More
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.
Note: I will buy this trip after collecting the trip money. Something like Lottery
answered on Mar 7, 2017
There are significant federal restrictions on lotteries, sweepstakes and give-aways that you must review first, in addition to state law. See, for instance, https://www.law.cornell.edu/uscode/text/18/1301 and the background article at... View More
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.
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.
What about inside of school? We aren't causing any distractions to myself or others
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... View More
We live in a townhome. A squirrel entered our attic from a hole made by a squirrel from the outside of the neighbor’s roof. The squirrel entered the neighbor’s attic via the roof hole and ate their way over to our attic. The squirrels have nested in both attics. Our roof’s surrounding wood... View More
answered on Mar 6, 2017
From the facts it is more likely the neighbor would be held responsible for the damages, but not that "liability" requires a court judgment, so it would be in your financial and time interests to work things out in lieu of suing in small claims court.
The case was dismissed without prejudice. Does this mean that on appeal an amendment of the Complaint would not be possible?
answered on Mar 6, 2017
"Without prejudice" means you can refile the case with a new complaint. Amendments of a complaint are not permitted at the appellate level. The fact that the dismissal was on grounds of futility makes it less likely new case would withstand a 12(b)(6) motion to dismiss.
If an employer makes a couple of discrepancies on employment record that prohibits employment within career field and neglected a federal regulation by law. If a requirement of a regulation specifies receiving "immediate" medical attention directly away from a scene as opposed to noticing... View More
answered on Mar 6, 2017
You would need to compare those facts to the basis on which the court dismissed the prior complaint in order to determine whether they overcome the defects in the claims previously alleged. From your description it is not possible to draw a conclusion.
I've been accused of committing the theft.
answered on Mar 6, 2017
If you have been accused, they will be required to give you a warning (Miranda) before questioning you. It is completely voluntary on your part.You are entitled to decline, insist upon having an attorney present, or waive your right to an attorney and answer their questions. Typically it is a bad... View More
answered on Mar 6, 2017
Better yet, use this Justia directory to locate an immigration attorney whose profile lists "Free Consultation" under Fees.
I would like to amend my complaint but the case was dismissed in US District Court and stated any attempts to amend complaint would be futile.
answered on Mar 5, 2017
No, a complaint cannot be amended when the case is on appeal from dismissal.
Can the District and Appeals Court judgment be overturned in the Supreme Court of the US through a Writ of Certiorari?
answered on Mar 6, 2017
Actually, while I agree with Brian Lehman, your inquiry says the court of appeals already affirmed the dismissal. That means your only recourse is to seek Supreme Court review, which is very, vary rarely granted. Note that a venue challenge that is sustained should ordinarily be handled with a... View More
answered on Mar 4, 2017
No, it's the other way around. Under the U.S. Constitution's "supremacy clause," federal statutes have priority over state common law, if they are inconsistent.
We have a company that takes our recyclable material and are to pay us per pound of useable material. Our last service agreement that was signed was in 2013. We received a steady flow of income from this company from 5/12-10/14. After 10/14 we did not receive any more income but they were still... View More
answered on Mar 3, 2017
Written contracts typically have a clause saying they cannot be modified or amended except in writing. If that is the case with the 2013 service contract, the claimed oral waiver is invalid as a matter of law and you can enforce the contractual payment obligation.
I never started for the employer, nor ever had a start date. He never paid me a penny. I signed a contract out of stupidity- I actually feel I was mislead about the position and what it would entail. I have been trying to tell him to hire someone else for the last 2 week and every time I do he... View More
answered on Mar 2, 2017
Employment contracts, as agreements for personal services, will not be "specifically enforced" by the courts. That means you cannot be forced to work for the employer. As for owing $25,000, that would require an examination of the contract and some assumptions about whether the employer... View More
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