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Questions Answered by Glenn B. Manishin
1 Answer | Asked in Contracts for Georgia on
Q: What does the term amend to answer mean?

This is in regards to a breach of contract case I filed against a company.

Glenn B. Manishin
Glenn B. Manishin
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."

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: If I pay someone for art of my already copyrighted character, is it copyrighted to me or both of us?

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

Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Contracts for Iowa on
Q: Where can I find a copy of the Iowa Prompt Payment Act?
Glenn B. Manishin
Glenn B. Manishin
answered on Mar 9, 2017

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

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Moving expenses

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

Glenn B. Manishin
Glenn B. Manishin
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

2 Answers | Asked in Bankruptcy and Business Law for Florida on
Q: Why am I being sued by the bankruptcy trustee for revenue I received from a company that filed for bankruptcy?

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

Glenn B. Manishin
Glenn B. Manishin
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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1 Answer | Asked in Business Law and Internet Law on
Q: I want to create a website that sell a trip for 5$ and people will pay 5$ for this trip and only one user will win

Note: I will buy this trip after collecting the trip money. Something like Lottery

Glenn B. Manishin
Glenn B. Manishin
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

1 Answer | Asked in Internet Law for Arizona on
Q: If a person doesn't close their email on another persons phone. Can the phone owner use emails in court?
Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Domestic Violence for Virginia on
Q: My ex has threatened to kill me and stalked me for years. Im afraid to call police ... is there another/safer option?
Glenn B. Manishin
Glenn B. Manishin
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.

2 Answers | Asked in Education Law for Virginia on
Q: can my private school ban me from talking to another student outside of school?

What about inside of school? We aren't causing any distractions to myself or others

Glenn B. Manishin
Glenn B. Manishin
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

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1 Answer | Asked in Small Claims and Real Estate Law for Virginia on
Q: Question about property damage liability

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

Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Dismissed for Failure to State a Claim for Which Relief Can be Granted any amendment of the Complaint would be futile

The case was dismissed without prejudice. Does this mean that on appeal an amendment of the Complaint would not be possible?

Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord sue me if she sell the house and I owe her back rent ?
Glenn B. Manishin
Glenn B. Manishin
answered on Mar 6, 2017

Yes.

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Employment Law for Virginia on
Q: Case Dismissed without prejudice for Failure to State a Claim for Which Relief Can be Granted

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

Glenn B. Manishin
Glenn B. Manishin
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.

2 Answers | Asked in Criminal Law for Virginia on
Q: Detective calls me to come down and talk about theft from job i was fired from..What should i do?

I've been accused of committing the theft.

Glenn B. Manishin
Glenn B. Manishin
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

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2 Answers | Asked in Immigration Law for Virginia on
Q: Where can I find an immigration lawyer that does free consultation to start sponsoring a fiance with DACA?
Glenn B. Manishin
Glenn B. Manishin
answered on Mar 6, 2017

Better yet, use this Justia directory to locate an immigration attorney whose profile lists "Free Consultation" under Fees.

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1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: Can an amendment to a Complaint be filed in Appellate Court and be mailed with the Informal Brief to Appellate Court?

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.

Glenn B. Manishin
Glenn B. Manishin
answered on Mar 5, 2017

No, a complaint cannot be amended when the case is on appeal from dismissal.

2 Answers | Asked in Appeals / Appellate Law, Consumer Law and Civil Litigation for Virginia on
Q: How can a dismissal for improper venue be overturned after Appeals Court affirmed?

Can the District and Appeals Court judgment be overturned in the Supreme Court of the US through a Writ of Certiorari?

Glenn B. Manishin
Glenn B. Manishin
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

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1 Answer | Asked in Business Law for Oregon on
Q: Can common law be used to overrule federal statutes
Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Consumer Law for Kansas on
Q: Can I make a company comply with the last signed service agreement?

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

Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Contracts and Employment Law for Pennsylvania on
Q: I am looking for someone to look at a work contract that I would like to get out of. The employer is threatening to sue

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

Glenn B. Manishin
Glenn B. Manishin
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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