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I work as a freelance drafter. I have been working on a project that had an original scope of providing services for a new build. Our schedule slipped a week or so from agreed date, but was ready to submit completed work. I found out that the steel fabricator was unable to provide drafting for a... View More
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Jul 11, 2024
Depending on a detailed analysis of the communications and facts in your case, you may have a claim for promissory estoppel against the client. These claims come into play where there may not be a legally enforceable contract but you have detrimentally relied on the client's promises and... View More
It started about 3 weeks ago. They call once a day every day except weekends and holidays. I've been noting the phone numbers since it's almost always a different number, but most begin with 800. I looked up the numbers online and it indicates the same company. Further research gives... View More
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Jul 8, 2024
You should not answer these calls. Instead you should note the times and dates of the prior calls, and the numbers (this can usually be downloaded on your phone bill) and have an attorney prepare a cease and desist letter. If collection attempts continue after that, you may have a claim for money... View More
Rent cashed by property management July 1
Saw my case 1st day July 25
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Jul 8, 2024
If the landlord accepted a rent check after serving you a notice of termination, the case probably must be dismissed. However I cannot determine what is actually going on without reviewing the documents in your case. You also can be defeated through procedural defects in your motion to dismiss. Be... View More
My current contract is for a tutor as an employee. In my current contract, these are the only two provisions related to client payment and referrals:
Tutor agrees to accept no direct payment from clients (current and past) introduced by (company name) . All payments from clients will be... View More
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Jul 8, 2024
At the threshold, interpretation of contracts and their associated non-compete clauses requires a detailed analysis of the document, focusing on its language, its intended purposes, and its compliance with background law and public policy. It is really not possible to advise on the effect of a... View More
I told them my mailing address, but somehow it got misspelled. The PO doesn't recognize it, so can't deliver. By the time I realized this, I was placed in collection.
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Jul 8, 2024
There are many court rules, statutes and procedural safeguards that apply to protect patients in medical collections. But if you are not familiar with them, it’s unlikely you will beat a medical provider represented by experienced counsel. Regarding the wrong address, that is an issue that should... View More
Gave first year rent as down payment. Now wants 50k and when refused won't let me move in or give back down payment till he sells the house.
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Jul 8, 2024
You may have a case against this landlord for fraud and/or unjust enrichment. You will need a detailed analysis of the agreements you signed as well as your communications with landlord to evaluate your legal rights.
My aunt was finally approved for SSDI at the end of 2023 and started receiving monthly payments in January 2024. She hasn't worked in 10 years and SSD is her only source of income (there's no pension, no IRA, no anything else). Her savings are long gone and she's been living on... View More
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Jun 5, 2024
Most disability payments are exempted from inclusion in the bankruptcy estate and thus protected under the Social Security Act. Additionally, on the state level (thus potentially obviating the need to file bankruptcy), the New York Exempt Income Protection Act exempts disability payments from... View More
A deal I was working on recently fell apart. The deal involved a co-broker who represented one of city’s largest developers and my firm. Co-broker is one of the top brokers at one of city’s largest firms.
Over the course of the transaction my client and I worked closely with the... View More
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on May 7, 2023
If you can prove the co broker published the information to multiple parties and that you suffered commercial damage to your reputation as a result, you may have a defamation case. The challenge is usually proving that any loss of business resulted from the broker spreading false information, and... View More
The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on May 1, 2023
Trademark rights are created by use in commerce, not registration. Registration merely provides much stronger remedies for enforcement. You to need to clear your proposed mark through a common law search and a Lanham Act trademark-ability legal analysis unless you want to open yourself up to a... View More
My friend lives at the dorm in college and while they were gone for spring break, someone checked their room and supposedly found the fire alarm covered by a bag. They now have a hearing for the situation soon and don’t know how to go about it.
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Apr 30, 2023
The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... View More
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Apr 30, 2023
Your attorney should review the board’s bylaws and the election minutes to determine whether the proper procedures were followed. Common violations involve lack of a quorum and invalid proxy votes. Be advised that you must file your lawsuit to challenge the election within 4 months pursuant to... View More
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Apr 30, 2023
The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... View More
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Apr 19, 2023
You need to contact the bank’s legal department through an attorney to determine the nature of the alleged violation, and to file an appeal with the bank’s internal compliance department. There are usually strict deadlines to follow and you may be prevented from filing a lawsuit if you have not... View More
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Apr 16, 2023
See here: https://www.irs.gov/retirement-plans/traditional-and-roth-iras.
Be aware that your deadline for contributions for the 2022 tax year is this Tuesday, April 18, 2023, so you need to make arrangements before then if you are looking to benefit for your 2022 taxes. If you have already... View More
I have been living in my apt for 19 years. Over the years I have accumulated quite a bit of rent arrears. My landlord says that I have to pay it all now or risk eviction. I heard that any rent arrears over 3 or 6 years in NY could be expunged. Is this true?
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Apr 13, 2023
You may have the defense of “laches” in addition to statute of limitations (which incidentally has been reduced to 3 years for claims commenced after the effective date of the CCFA). Laches is fact specific: in a nutshell, you must prove by a preponderance of evidence that the landlord waited... View More
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Apr 5, 2023
You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... View More
A university is asking me to pay it and the deadline is passed.
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Apr 4, 2023
It depends. If the original creditor is bringing the case (or a lawyer acting on the Uni’s behalf) you may be sued and you will have to oppose the suit in court or risk a default judgment and all that comes with it: bank account seizure, wage garnishments, etc.
The AG may only be counsel... View More
The action in question was a contract for a rental agreement, Between a company that I can no longer locate and occured in 2010.
It is my belief that this lawyer, debt collector, purchsed the debt and after 13 yrs.
although there was some contact before the 6 yr period elapsed,... View More
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Mar 29, 2023
Realistically you need the help of an attorney to prepare your motion papers, or at least review what you plan to submit. That is what is indicated from the way your case has proceeded so far. Alternatively you can continue on your own and accept whatever result comes. Be aware that if the case... View More
In 9/2022, my son had root canal therapy. He was covered by two insurances at the time so I had a small deductible which I paid at the counter with my credit card.
Months later I received 1st invoice from the endodontist for $1,007, stating our second insurance denied the claim. I... View More
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Mar 29, 2023
By all means, initiate a chargeback and monitor your credit. Federal law now generally prohibits most medical debts from being reported to credit reporting agencies. Initiating the reinvestigation procedure under the FCRA may be necessary. Responding to the provider bill with a well drafted letter... View More
That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Mar 28, 2023
If you can show your brand was the first in the market for your products and related categories, you may be able to file a petition to cancel the other company’s trademark with USPTO, because federal trademark law grants legal ownership to the first to use the brand in commerce, not the first to... View More
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