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Louisiana Business Law Questions & Answers
1 Answer | Asked in Business Law for Louisiana on
Q: I HAVE AN 14 ACRE HAY PASTURE. THE GUY THAT HAS BEEN CUTTING IT HAS NOT KEPT HIS END OF OUR AGREEMENT, CAN I SUE HIM

HE WAS TO FERTILIZE IT AT LEAST ONCE EVERY FOUR YEARS. NOW IT IS NOTHING BUT WEEDS AND NO ONE WILL CUT IT. HE ALSO BUSTED MY SEPTIC TANK AND WILL NOT FIX IT.

James L. Arrasmith
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answered on May 27, 2024

You can sue the person who has been cutting your hay pasture for not fulfilling his obligations under your agreement. Since he did not fertilize the pasture as agreed, leading to weed growth, and also damaged your septic tank without repairing it, you have grounds for a lawsuit.

First,...
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1 Answer | Asked in Employment Law, Tax Law and Business Law for Louisiana on
Q: What case is it if my employer is over claiming my tips

I found my employer over claiming tips and brought it to their attention. I was dismissed multiple times and when I showed up with proof and told them to correct it they told me to just fix it myself and just under claim.

James L. Arrasmith
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answered on May 24, 2024

If your employer is over-claiming your tips, this situation falls under wage and hour laws in California. Employers are required by law to accurately report and pay the tips earned by employees. If you have already brought this issue to your employer's attention and they dismissed your... View More

2 Answers | Asked in Copyright, Business Formation, Business Law, Gaming and Intellectual Property for Louisiana on
Q: I am trying to use the character Waldo, from, "Where's Waldo." What do I need to do to get the creative rights.

Me and a small team are working on an original and unique where's Waldo video game. We were wondering what process would we need to go through to earn the creative writes to use him in our game.

Fritz-Howard Raymond Clapp
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answered on May 6, 2024

There are five active trademark registrations for WHERE'S WALDO, owned by DreamWorks Distribution Limited (UK), in IC009 for eyewear, IC016 for books, IC025 for apparel items, IC041 for entertainment services, and IC028 for toys & games.

A video game would be in IC009, and although...
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2 Answers | Asked in Copyright, Business Formation, Business Law, Gaming and Intellectual Property for Louisiana on
Q: I am trying to use the character Waldo, from, "Where's Waldo." What do I need to do to get the creative rights.

Me and a small team are working on an original and unique where's Waldo video game. We were wondering what process would we need to go through to earn the creative writes to use him in our game.

James L. Arrasmith
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answered on May 6, 2024

To use the character Waldo from the "Where's Waldo" series in your video game, you would need to secure the appropriate licensing rights from the copyright holders. Here are the key steps:

1. Identify the copyright holders: The "Where's Waldo" series was...
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1 Answer | Asked in Business Law for Louisiana on
Q: is it by law that the bank have to give you a small business loan?

In Louisiana

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

No. A bank is not legally required to give a small business loan. SBA loans, which are a type of small business loan guaranteed by the Small Business Administration, have specific lending requirements that banks must follow. Of course, banks offer other types of small business loans as well.... View More

1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Louisiana on
Q: My wife and I have a 501c3 where we feed sick and indigent people and deliver cost to them for free. Health dept shut us

down for cooking homemade meals out of our kitchen. Looking to see what our options are to keep our ministry afloat....legally.

James L. Arrasmith
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answered on Feb 26, 2024

Facing a shutdown by the health department for cooking homemade meals in your kitchen can be disheartening, especially when your mission is to feed the sick and indigent. However, there are steps you can take to navigate this situation and continue your important work within legal boundaries.... View More

2 Answers | Asked in Business Law and Civil Litigation for Louisiana on
Q: Is appropriating someone's name, image, or likeness unlawful?

I know that plaintiff can seek damages for the nonconsensual use of their name, image, or likeness through a right of publicity claim. I want to ask if it is unlawful. This is because about 7 entities appropriated my name, image, and likeness in their videos. They did it separately and they did it... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Louisiana, the nonconsensual use of someone's name, image, or likeness can indeed be considered unlawful, especially in the context of a right of publicity claim. This right is designed to protect against unauthorized commercial use of an individual's persona.

If you've...
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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Collections for Louisiana on
Q: What is the maximum finance fee or interest rate I can charge my customer on overdue invoices in Louisiana?

I sell goods in a business to business setting. Most of my customers are on Net 30 day payment term accounts. I have a customer that is months past due on a large balance. My credit application states in short that "we have the right to charge a 1.5% finance charge on past due invoices. They... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 9, 2023

Your contractual interest is limited by statute. This is "business owner 101". I recommend that you retain an attorney on a professional basis to take a look at your invoices and contracts to ensure that you are complying with Louisiana law, and to be your "go-to" guy when you... View More

3 Answers | Asked in Bankruptcy, Business Law, Collections and Consumer Law for Louisiana on
Q: Hello, I’ve paid a debt collector last year through a 3rd party collection agency. Now another agency ask for payment.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 24, 2023

You don't ask a question here, just offer up a few facts.

Apparently, however, you are having debt issues. Imho, you have chosen the most expensive way to deal with those debts.

I strongly advise you to consult with a professional about your entire debt/asset/income...
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1 Answer | Asked in Contracts, Copyright, Intellectual Property and Business Law for Louisiana on
Q: If i work in a group for school and we create a marketable idea of a company. Can I create the company without them?

We are creating a fake application for our marketing class. With their help we are creating the idea and presenting it. We all contributed to the final idea. If I create the application and go public with it, could I face legal backlash from them for not including them in the company?

James L. Arrasmith
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answered on May 2, 2023

It depends on the terms of your agreement with the other members of the group. If you had a written agreement or contract that specifies each person's rights and responsibilities in regard to the creation and ownership of the company, then you would need to adhere to those terms. If there was... View More

2 Answers | Asked in Contracts, Business Law, Collections and Gov & Administrative Law for Louisiana on
Q: Is a b2b customers continued purchases count as agreeing on interest we advised we would charge on past due balances?

I have a customer with an open charge account on net 30 day payment terms. His operations manager signed the credit application which in short says we reserve the right to charge interest on past due balances (1.5%/month). After seeing the writing on the wall and realizing I would have to get an... View More

Martha Warriner Jarrett
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answered on Dec 5, 2023

This is a state law agency question, not really a bankruptcy question. However, it appears, from the facts you laid out that the operations manager likely was the owner's agent and therefore authorized to sign contracts on behalf of the business. For a better answer, however, you should... View More

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1 Answer | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Louisiana on
Q: Can I actually buy a house or car using the 5M$ that is attached to my S.S. #?
T. Augustus Claus
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answered on Nov 10, 2023

No, you cannot buy a house or car using the $5 million that is attached to your Social Security number. This is a common scam that is used to steal people's money.

Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general...
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1 Answer | Asked in Tax Law, Business Formation and Business Law for Louisiana on
Q: Old company under my name I need to clean my name

I use to work for company they asked me to open company under my name I agreed to help but later after months they said they closed the company but after that I was getting mail about toll fees and I got mail from irs say I owe money I moved from my address so I can’t get no more mail I don’t... View More

Samuel  Landis
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answered on Oct 22, 2023

This is a difficult situation. You will need to actively prove to the IRS that you should not be responsible for the taxes due. Hopefully, there is time to file an appeal. If not, there are other ways to remove the liability.

1 Answer | Asked in Consumer Law, Contracts and Business Law for Louisiana on
Q: What's the statute of limitations on this law?
Jacob Rheaume
Jacob Rheaume
answered on Mar 17, 2023

Please repost your question referencing a statute.

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Construction Law for Louisiana on
Q: I received a deposit of 52000 dollars on a 71000 Dollar project and I only used 22000 of it and the rest was Used

To cover labor and things for 3 other prior jobs I had to complete to get to the job at hand and now they are taking me to court

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 10, 2022

Please consult with a lawyer about the specifics of your case. Also, if you have been sued and served with paperwork, please know that you have a limited period of time in which to file an Answer (respond to the lawsuit) so please make sure you do so within that time period.

1 Answer | Asked in Business Law for Louisiana on
Q: Can a bar renew license after a church moves in 40ft away?

A local restaurant is being denied a license permit due to is proximity to a church 140ft away, however a bar is 40ft from the church building and they allow it to remain open without issue.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 2, 2022

More information is needed to respond to your question. A lot of times there are locations which are grandfathered in and thus, allowed to remain open without issue.

1 Answer | Asked in Business Law and Contracts for Louisiana on
Q: I want to obtain and LLC for scrap metal recycling and a dismantlers license. What should i do?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 28, 2022

Not certain of your question --is it your want to purchase an existing LLC or you to form a LLC? That said, whichever it is, what you should do is start by meeting a business/corporate attorney to make sure whatever it is you want to do is in your best interests. If you are forming an LLC, is the... View More

1 Answer | Asked in Banking, Business Law, Civil Litigation and Divorce for Louisiana on
Q: Divorced 2018.Owned small business with spouse. Signed rights to small business over to spouse. I was removed from LLC

LLC pays the note for the SBA loan. I'm still a guarantor on the loan. Bank won't release me. Ex says she can't get refinanced. I tried to refinance my house and was denied because of being a guarantor on loan. How do I get out of being a guarantor on the loan? Filed a motion for... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 9, 2021

Your partition should have:

1) Given her the LLC,

2) stated she had 30/60/90 days to refinance SBA mortgage.

If it does, then hurry and hire a lawyer to OBJECT to the HOC. If it does not, then hire a lawyer to file a 2d Petition to Partition for Omitted Liability.

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Louisiana on
Q: Does this law apply to reinstated HOA? We had our HOA reinstated with no vote by a self elected board after 7 years.

HOA was dissolved in 2013. Now new self elected president wishes to enact rules. Most of neighborhood does not know HOA was reinstated. It was revealed only on an nextdoor web app. Question is in reference to RS 12.1-1444

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 6, 2021

I would advise that one first looks at the covenants and restrictions of the subdivision and see whether or not a HOA was initially discussed. If there is no mandatory HOA, then I would think the property owners would not be subject to the HOA. Further, you may want to consider consulting/hiring... View More

1 Answer | Asked in Criminal Law, Business Law, Gaming and Gov & Administrative Law for Louisiana on
Q: Are you required to disclose if you were arrested but never convicted or plead guilty?

I was arrested a while back for marijuana possession and went through a diversion program and the arrest was expunged. What should I do if I forgot to disclose that in filing for a permit with the Mississippi State gaming association as part of an internal auditor application?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 30, 2021

Even if charge refused and diversion completed, your lawyer needs to FILE a Motion to expunge the arrest.

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