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Mississippi Business Law Questions & Answers
2 Answers | Asked in Business Formation and Business Law for Mississippi on
Q: I was needing to know if u can be sued for opening a franchise in Ms,that the same franchise is already operating in Ms

was needing to know if you can be sued for opening a franchise in Ms, that the same franchise is already operating in Ms. Or can the owner operating under a franchise name, stop another individual from opening a business in a different location operating under the same franchise name?

Nashir Ahmed Kushol
Nashir Ahmed Kushol
answered on Jan 23, 2024

In general, the ability to open a franchise in a specific location, such as Mississippi, and whether an existing franchisee or the franchisor can take legal action against a new franchisee depends on several factors:

1. Franchise Agreements: The rights and obligations of franchisees are...
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2 Answers | Asked in Business Formation and Business Law for Mississippi on
Q: I was needing to know if u can be sued for opening a franchise in Ms,that the same franchise is already operating in Ms

was needing to know if you can be sued for opening a franchise in Ms, that the same franchise is already operating in Ms. Or can the owner operating under a franchise name, stop another individual from opening a business in a different location operating under the same franchise name?

Derek Allen Colvin
Derek Allen Colvin
answered on Feb 19, 2024

Its not clear what exactly is occurring in your case, but you should consult with a franchise attorney in your area to discuss. Anyone can file a lawsuit, but not all law suits are viable or filed in good faith.

If you signed a franchise agreement with a franchisor granting you the right...
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2 Answers | Asked in Business Law for Mississippi on
Q: How does a 5013c organization amend the bylaws
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 20, 2023

To amend the bylaws of a 501(c)(3) organization in Mississippi, start by reviewing the current bylaws and identifying the sections to amend. The board of directors typically initiates this process, discussing and voting on the proposed changes. Draft a clear document outlining the proposed... View More

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2 Answers | Asked in Business Law for Mississippi on
Q: How does a 5013c organization amend the bylaws
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023

To amend the bylaws of a 501(c)(3) organization in Mississippi, you'll first want to review the current bylaws to determine the specific procedure laid out for making amendments. Often, bylaws specify how much notice must be given before a meeting to discuss changes, who can propose changes,... View More

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1 Answer | Asked in Business Law for Mississippi on
Q: A golf course board of directors had a meeting that 4/5 members knew it was the fire the superintendent but the other

Member ( the president) was told it was about equipment . Is that legal ?

Matthew Morris
Matthew Morris
answered on Jul 20, 2023

You will want to consult with Articles of Incorporation and the Bylaws to know whether this was permitted. The law only says that "regular" meetings of the board "may be held without notice of the date, time, place or purpose of the meeting" unless the articles or bylaws have a... View More

1 Answer | Asked in Personal Injury, Business Law, Health Care Law and Public Benefits for Mississippi on
Q: What kind of lawyer would i use for intercompany short term disability plan denial, admistrated third party sedgwick.

In 2022 I suffered a sudden onset of anxiety and depression after a bout with corona virus. With no known cause I began to go to doctors to try and seek out reason. After an MRI to evaluate my pituitary gland it was discovered that I had suffered at least two ischemic attacks(strokes) of the... View More

Damon Miller
Damon Miller
answered on Jan 2, 2023

Hello!

For your issue, it sounds like you would need to talk to someone like me who specializes in ERISA short-term and long-term disability claims. If I gather correctly, it sounds like your issue is that Sedgwick has denied the claim because the disability policy does not cover loss of...
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1 Answer | Asked in Business Law for Mississippi on
Q: Can a city clerk own a business in the town they are clerk in?
Michael Graves
Michael Graves
answered on Jul 15, 2021

If you are a contract employee with the City, which I would doubt, there may be a provision in the contract which provides that you cannot have other employment; if so, that would potentially be a problem. Absent that, there would be no prohibition against you owning a business in the city just... View More

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Business Law for Mississippi on
Q: In biz when policy/procedures (rules/regs) are written, "reasonable" must be defined or examples given. Why not here?

I can't see if this question is linked to the topic I was researching. It concerned cemetery law. 2013 Mississippi Code, Title 41 - PUBLIC HEALTH, Chapter 43 - CEMETERIES AND BURIAL GROUNDS, CEMETERY LAW

§ 41-43-47 - Cemetery rules and regulations

Randall R. Saxton
Randall R. Saxton
answered on Apr 28, 2021

In law, reasonableness is subjective and dependent upon the particular circumstances and people involved, so cannot be broadly defined.

1 Answer | Asked in Business Law and Trademark for Mississippi on
Q: Trademark and copyright law. How could I utilize parody law and fair use to legally use images/name?

I would like to use a recognizable character name and image in a satirical blog/online content context. What are the parameters of parody law and fair use policy that would allow me to do so legally? If this question is off base, how could I alter or tweak the image to comply with fair use... View More

Nic  Schaefer
Nic Schaefer
answered on Mar 7, 2021

Hi!

You are asking good questions but I think your best bet is to speak with an attorney so they can give you more specific advice. Copyright law is complex.

2 Answers | Asked in Bankruptcy, Business Law and Mergers & Acquisitions for Mississippi on
Q: What happens to business debt if I buy a company for less than the company owes?

Owner of business wants to sell company and business assets to me. Business debt is greater than asking price. Asking price takes care of owners personally guaranteed debt, and there would still be $80,000 in an outstanding EIDL loan. Would I be inheriting the debt with the company? Or should I... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 15, 2020

I pracrice in PA, but almost all states have some version of what's also called a Bulk Sales Law, and by that law, a debtor cannot sell all, or a substantial portion, of his business assets and leave creditors hanging, so the law provides that the debt follows the assets. Even where a state... View More

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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Libel & Slander for Mississippi on
Q: Is it considered slander for someone to post personal information about an employee on your business page?
Tim Akpinar
Tim Akpinar
answered on Feb 6, 2020

Slander consists of verbal defamation. If in writing, it would be libel. But there is nothing mentioned about the statement being false and damaging. So it is possible that it is not any form of defamation. It could be a privacy or confidentiality-based violation. Your post remains open for four... View More

1 Answer | Asked in Business Formation, Business Law and Contracts for Mississippi on
Q: I recently opened a small business in Jackson, MS. I made a verbal agreement with an investor to start my company.

I opened the business 4/3/19. The business has been running well and has to begun to stable itself within the first month but my investor feels he needs to start seeing a profit return immediately. We had a huge dispute over some minor infractions. He took control of the finances and now will not... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 13, 2019

Justia is a free online legal forum established to allow members of the general public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. We are not here to advise people how to get out of trouble caused by their own misguided actions--especially when... View More

1 Answer | Asked in Contracts and Business Law for Mississippi on
Q: I deliver gravel. Payment required upon delivery. What should I do if someone refuses to pay?

I have a small dumptruck and deliver gravel to people's homes and the occasional business. Occasionally I take my tractor to grade their driveway, spread material and such. I'm primarily contacted usually via my Facebook page or Messenger and I always call by phone to confirm. What... View More

Arthur Calderon
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Arthur Calderon
answered on May 7, 2018

The best course of action would be to always make sure that they sign a contract ahead of time, detailing the estimated cost, delivery date, etc. That way, if you show up perform the work, and they refuse to pay, you can sue them for breach of contract.

1 Answer | Asked in Criminal Law, Energy, Oil and Gas, Business Law and Consumer Law for Mississippi on
Q: What to do when a distributor of gasoline fails to keep records of fuel delivered to my store.

Distributor claims I did not pay for product delivered

Arthur Calderon
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Arthur Calderon
answered on Feb 21, 2018

You need to consult with an attorney to provide additional information. Off of the top of my head, the things that I am thinking of are the records showing delivery of the gas, the method of payment, when paid, and a reconciliation of your records to theirs.

1 Answer | Asked in Business Law and Consumer Law for Mississippi on
Q: What can I do If I was sold 3 counterfeit LgTone Wireless Headphones as if real by an actual business here in Ms

Tried to return them and was told they'd swap them but wouldn't give me my cash back.

Glenn B. Manishin
Glenn B. Manishin
answered on Dec 20, 2016

They are in all likelihood liable for possible misrepresentation (fraud) if what you say is correct. The economics of pursuing a legal claim for monetary damages suggest a consensual resolution is the bast outcome.

1 Answer | Asked in Legal Malpractice, Consumer Law, Contracts and Business Law for Mississippi on
Q: Hi everyone, Why is it legal for AT&T to take away my unused minutes after 30 days with gophone. Cash paid in advance.

Upon getting a gophone one must agree to the terms of AT&T.

I'm disabled and on a small fixed income. I can only afford the prepaid gophone . I refill in small increments because I do not make many calls. I'm old and sometimes forget things. My minutes are gone if I forget to... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

File a complaint with the FCC and with the consumer protection division of the Attorney General's office in Mississippi.

1 Answer | Asked in Business Law for Mississippi on
Q: I bought 68% of a WY LLC, I've received nothing for my payment ($59,000.00). I think I was scammed - what can I do?
Albert Pettigrew, Jr.
Albert Pettigrew, Jr.
answered on Mar 18, 2014

Contact the Wyoming attorney general's consumer protection office or an attorney in that state to help you with your rights as a member of the LLC.

1 Answer | Asked in Business Law for Mississippi on
Q: How to dissolve an LLC when partner won't agree to anything?
Bradley M. Glaze
Bradley M. Glaze
answered on Apr 21, 2011

How the LLC will be dissolved will depend on what the certificate of formation, organizational documents, or organizational agreement says. If a date of dissolution is not indicated in the certificate of formation, and there are no organizational documents that provide for how the LLC will be... View More

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