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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Business Law for Texas on
Q: Percentage of business related.

2 years ago I asked for a raise at the corporation I work at for the last 18 years.

They gave me 10% of the company, but I don't see the money until the company is sold.

Unfortunately, I was diagnosed with cancer a few weeks ago.

Can this percentage be left to my wife in my Will?

Thank You

John Michael Frick
John Michael Frick
answered on Dec 10, 2024

It depends on the specific nature of the transaction and may depend on the articles and by-laws of the corporation.

2 Answers | Asked in Arbitration / Mediation Law and Divorce for Arizona on
Q: Is it possible to petition for a divorce in AZ then work with a mediator to divide property?

I would like to file the petition ASAP then work with a mediator to divide property after the petition has been filed. I want it to be on record with the court that I filed. The reason is, I do not want to be held liable for any poor financial decisions my spouse makes, or any poor decisions in... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

Yes, it is possible to do that. A couple things to know:

1. You file and serve your ex with the divorce paperwork. Once you serve your ex, the "marital community" severs (provided you do actually get divorced) on that date, and that mean your joint liability for your spouse's...
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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Arbitration / Mediation Law for California on
Q: can i change of venue if conditonal aggreemnt was mailed in diff county than fruadulent orig. contract was signed?

plaintiff=P, Defendants = D

P entered Fraud contract with D; D was aware of P Disability proceeded to misrepresent. P mate was confused by terms, mate was absent during signing F Contct. (P)s' Paid lease amount for 3Yrs fell on hardship asked for deferment loan comp. denied, this... View More

James L. Arrasmith
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answered on Dec 4, 2024

Based on your description, you've discovered potential fraud in your vehicle contract and sent a conditional agreement to address it. Since the original fraudulent contract was signed in one county, but you mailed the conditional agreement from another, you're asking about venue options... View More

2 Answers | Asked in Arbitration / Mediation Law, Employment Discrimination and Employment Law for Texas on
Q: Can an associate in a law firm give a lawyer in another firm a copy your arbitration deposition transcript 3 years pos

Deposition transcript was never used in arbitration ,case settled during discovery, transcript was shared 3 years later to another lawyer in another arbitration proceeding I was involved in ....it was actually stolen by the associate

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

If the associate was an attorney in the law firm that represented you in the arbitration proceeding, he should not share your deposition transcript without your permission.

If the associate was an attorney in a law firm representing another party in that arbitration proceeding, he can...
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1 Answer | Asked in Arbitration / Mediation Law, Contracts and Civil Litigation for Kentucky on
Q: Can I overturn a mediation agreement if there unclear deadlines, changes in terms and duress when signing

I signed a settlement agreement for a civil case partly to attorney's advice, of high trial costs, limited 60-day prep window and legal fees aren't awarded even won? I wasn’t told mediation document was a memorandum or the plaintiff didn't have a deadline to fulfill terms like... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2024

you can certainly file a motion to be relieved from the mediation agreement, but since you were represented by counsel and signed the agreement voluntarily, you have an uphill battle on your hands. You should sit down with your lawyer and go over the terms and make sure you understand them before... View More

1 Answer | Asked in Arbitration / Mediation Law, Insurance Bad Faith and Small Claims for South Carolina on
Q: How can I compel a car insurance company to send proof of valid insurance policy directly to a state?

This issue arose when I was on my parent's car insurance as a teen. I learned four months ago that my license is suspended in two states I used to live in. My father has been asking the car insurance company to send the proof of insurance from 2019 for four months. Each time they say they are... View More

Roy Willey
Roy Willey
answered on Nov 20, 2024

Yes, SC Department of Insurance has a consumer complaint department they may be helpful to you.

https://www.doi.sc.gov/8/Consumers

4 Answers | Asked in Bankruptcy, Arbitration / Mediation Law, International Law and Internet Law on
Q: How to File a lawsuit The Company on CA [i'm not american] i'm Thailand

i'm in thailand but i need to File a lawsuit The Company in usa

Timothy Denison
Timothy Denison
answered on Nov 16, 2024

Probably easiest to hire an American lawyer to file suit for you in USA.

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1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Contracts for Georgia on
Q: If I received a formal complaint from a business, is there a way to get a little more time to properly file an answer?

I had a car get stolen and I wasn't notified by the lender that it was recovered, because I could've paid for it then to avoid this. I'd like to respond and say that this feels predatory and try to find an agreement to settle the matter.

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a Georgia attorney, in most settings, the answer is "yes." It could depend on the law firm bringing the action, but most attorneys often grant a first-time request... View More

2 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney in legal malpractice presents false material to Court, do you need to name them in the case?

In a Legal Malpractice case, if an Attorney representing the attorney party, presents materials to the Court intended to establish justifiable reliance that later is found to be fraudulent, is it necessary to name the Attorney in the case in order for the defendants to be held accountable for the... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 6, 2024

There are other methods you can take in the court to show the evidence is fraudulent to the jury to help your case.

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Q: I need help with an arbitration hearing i have no clue on what is needed nor required nor steps of processes or laws

missclassification, breach of contract, fraud, unpaid wages this is for Dallas, Texas

John Michael Frick
John Michael Frick
answered on Nov 5, 2024

An arbitration proceeding is very much like a trial. If you have no clue on what is needed, it is extremely important that you hire a competent attorney with experience in arbitration proceedings to represent you to present your evidence, witnesses, and arguments in a persuasive manner and in... View More

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1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If Renewal Motion for new evidence is extrinsic fraud is a Motion to Set Aside/Vacate correct? How does it become void?

If you file a Renewal Motion for Motion to Vacate Arbitration Award based on new evidence of fraud, which is extrinsic, and simultaneously file a Motion to Set Aside/Vacate Judgment... being that the Judgment would technically be void for the fraud being extrinsic, is there another way you should... View More

James L. Arrasmith
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answered on Oct 31, 2024

When dealing with extrinsic fraud, a Renewal Motion for new evidence typically functions as a Motion to Vacate the Arbitration Award. Extrinsic fraud involves actions outside the scope of the legal process, such as deceit that prevented you from presenting your case. To have the award set aside,... View More

2 Answers | Asked in Arbitration / Mediation Law and Wrongful Death for Tennessee on
Q: What is the compensation in general for settlement ,non litigation fatal pedestrian crash.Non motorist fatally killed by

tow truck driver ,truck was employed with car on it.I would like a general monetary comparison.I wish to handle this with an adjuster for motorist insurance company .I want to put this nightmare behind me .zTo date I've received hospital billing at 1.6 milliin

Anthony M. Avery
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answered on Oct 23, 2024

Hire an attorney to represent you today. There are probably at least three different defendants, who each might have separate insurance policies. Fighting the hospital liens will be difficult.

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2 Answers | Asked in Estate Planning, Arbitration / Mediation Law and Probate for California on
Q: I was contacted by an attorney who needed me to prove I was the heir of my Late dad.

she told me that I gave her enough proof and that she would be directing me to another attorney that a trust of a trust that my dad was the beneficiary. so I’ve emailed and called this attorney multiple times and have not gotten anywhere. Talk to a person that works for his office one time and... View More

Tim Akpinar
Tim Akpinar
answered on Oct 31, 2024

I do not practice in Estate Planning, but your question came up in the Arbitration/Mediation category, one of the selected tags. As a general note for ANY type of matter, it could be advisable to learn more before disclosing personal information if you've simply been contacted out of the blue.... View More

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3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: I was wrongfully terminated by GrubHub. Do I need to do arbitration (agreement clause) or sue?

I filed a case against GrubHub with LA County DCBA regarding embezzlement/breach of contract and Prop 22 violations. The reason for termination was based on these agreement and Prop 22 violating offers, using a created "GrubHub Violation" that focused on these offers and then compiled... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 20, 2024

Where there are arbitration clauses in employment agreements, they may or may not be enforceable.

There are reasons why an employee might want arbitration, but generally, arbitration is less beneficial to the employee.

Your best option is to consult with wrongful termination or...
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1 Answer | Asked in Arbitration / Mediation Law and Consumer Law for California on
Q: what are the statutes of limitations for negligence and mis representstion towards the consumer in california
James L. Arrasmith
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answered on Oct 20, 2024

In California, if you believe you've been wronged through negligence, you generally have two years from the date of the incident to file a lawsuit. This period starts when the injury or damage occurs, so it's important to keep detailed records of what happened and when. Missing this... View More

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Child Support for Georgia on
Q: Questions about an arbitrator's authority and abilities in Ga.

My ex and I are in a disagreement about the wording of parts of our parenting plan, and it is currently causing some financial burden for me and our daughter with bills that would normally be split between us and my ex not paying their portion (there have been no issues for the last 18 months with... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

You don't want to hire lawyers but you posted a question to ask lawyers what they think? You all can go through any arbitration you want. But whatever comes out of that neither party has to abide by. So I'm not sure what would be the point. Not to mention an arbitrator can only... View More

2 Answers | Asked in Trademark, Arbitration / Mediation Law, Business Law and Intellectual Property for Hawaii on
Q: An ex-board member is using my trademark event name without my permission. Do I have standing to issue cease and desist

My family started a public event more than 40 years ago and I took over more than 10 years ago holding this event. I just started the process to trademark the event name. An ex-board member is using the event name and trying to hold the same event without my permission. Do I have standing to send a... View More

Sarah Teresa Haddad
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answered on Oct 14, 2024

If the ex-board member learned of the trademark while being a board member, (and the source of the trademark is the family board) and then the ex-board member started to use the mark unilaterally after leaving the board, then you may have grounds to issue a Cease-and-Desist letter. This may be due... View More

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Q: How do I proceed with a case when I am not being provided information about the case in any manner?

I recently was scheduled for a pretrial conference. I was unable to attend because of a disability and I electronically submitted a motion for continuance stating this. The clerk did not accept the motion I later learned via email. I do not know if the pretrial conference was rescheduled, or if... View More

James L. Arrasmith
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answered on Oct 13, 2024

I'm sorry you're experiencing this frustration. Start by visiting the courthouse in person if possible. Sometimes face-to-face interactions can yield the information you need when electronic or phone attempts fail.

Next, consider reaching out to a legal aid organization or an...
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Q: Employer at UPS asked me to put myself as a witness on a customers notary and asked me to put an alias name.

A worker at UPS asked me to put myself as a witness on a customers notary and asked me to put an alias name. He did not let me ready the document he just said “I’m not notary it’s okay just put any name and any signature it could be an alias.” I did so without thinking. What happens?... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 12, 2024

Hard to say. If it were me I'd find a new job pronto.

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1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for Rhode Island on
Q: I want to file for divorce in state of RI. What are my first steps. Doesn’t look like it will be an amicable divorce.

He is a narcissist

Albin Moser
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answered on Oct 30, 2024

There is a Guide and File portal on the Family Court section of the Rhode Island Judiciary's website. If you are trying to represent yourself then you can try to commence a case using the Guide and File and follow its instructions. Hiring a lawyer would be a good idea though.

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