Ohio Business Law Questions & Answers
Q: Is the term "Food Revolution" trademarked?
Joseph Jaap's answer
A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not been registered. And even if a trademark is not registered, it still has legal protection under federal and state law, and an infringer can be held liable. So finding out that a trademark has been...
A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not been registered. And even if a trademark is not registered, it still has legal protection under federal and state law, and an infringer can be held liable. So finding out that a trademark has been...
Q: I bought a car through a dealership, A, and I make my official car payments to loan group B. Can A repo my car?
1 Answer
| Asked
in
Consumer Law, Business Formation and Business Law
for
Ohio
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Joseph Jaap's answer
If the car dealership has a valid lien on the vehicle for the amount you owe, then it could repossess the vehicle. Try to work it out with the dealer.
If the car dealership has a valid lien on the vehicle for the amount you owe, then it could repossess the vehicle. Try to work it out with the dealer.
Q: I am trying to obtain a copy of Case# 2:2018CV01223. I am not a lawyer so how can I go about this?
Joseph Jaap's answer
Check the court web's site for case search. Enter the case number. Or call the court.
Check the court web's site for case search. Enter the case number. Or call the court.
Q: If your wife signs her company over to one of her affiliates for free then files divorce do you have legal recourse?
Joseph Jaap's answer
Yes, you have legal recourse in a divorce. Marital assets are subject to division, including assets improperly transferred. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the details and advise you of your options.
Yes, you have legal recourse in a divorce. Marital assets are subject to division, including assets improperly transferred. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the details and advise you of your options.
Q: Do church Members have the right to see their Minister's contract?
Joseph Jaap's answer
If the contract is between the minister and the board, then it is the board's decision if the members can see the contract. But if the church is organized as an Ohio non-profit corporation, the members could take legal action to obtain access to the contract. Use the Find a Lawyer tab to retain a local Ohio attorney to review the church By-Laws and advise you.
If the contract is between the minister and the board, then it is the board's decision if the members can see the contract. But if the church is organized as an Ohio non-profit corporation, the members could take legal action to obtain access to the contract. Use the Find a Lawyer tab to retain a local Ohio attorney to review the church By-Laws and advise you.
Q: Hello I am helping my friend out with his single member LLC and we want to add me as a member. What steps would we tak
1 Answer
| Asked
in
Business Formation, Business Law and Contracts
for
Ohio
on
Answered on Jan 27, 2019
Answered on Jan 27, 2019
Neil Klingshirn's answer
First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are prepared for them. Not understanding that is a great way to end up with a business partner who is no longer your friend.
In addition, you should agree now on how to exit the business when the...
First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are prepared for them. Not understanding that is a great way to end up with a business partner who is no longer your friend.
In addition, you should agree now on how to exit the business when the...
Q: How can we submit response filings in OH if we are located in CA?
Joseph Jaap's answer
Your counsel in CA should be able to handle that, or you can retain local OH counsel to assist with the filing. Use the Find a Lawyer tab to retain a local litigation attorney in OH where the lawsuit has been filed.
Your counsel in CA should be able to handle that, or you can retain local OH counsel to assist with the filing. Use the Find a Lawyer tab to retain a local litigation attorney in OH where the lawsuit has been filed.
Q: What happens to a business if the sole proprietor goes to prison for sexual misconduct with a minor?
Matthew Williams' answer
Technically, nothing. But a business without someone at the helm is seriously endangered. I would suggest you all get together with the owner and a lawyer to ensure the business operations will pass on to someone trusted. Obviously, the boss here needs a lawyer for the criminal side too.
Technically, nothing. But a business without someone at the helm is seriously endangered. I would suggest you all get together with the owner and a lawyer to ensure the business operations will pass on to someone trusted. Obviously, the boss here needs a lawyer for the criminal side too.
Q: Can i sue in small claims court for money someone "owes" me in purchase agreement plus the max $6000 you can sue for?
Joseph Jaap's answer
The maximum award in small claims court is $6000. In municipal court it is $15,000. Beyond that amount, or for specific performance, it is Common Pleas Court.
The maximum award in small claims court is $6000. In municipal court it is $15,000. Beyond that amount, or for specific performance, it is Common Pleas Court.
Q: As an officer of a 501c4 corporation am I personally liable for a copyright infringement by the corporation
Joseph Michael Romano Esq's answer
Can't even answer without knowing more. Please call to set up an appointment.
Can't even answer without knowing more. Please call to set up an appointment.
Q: I own and operate a HVAC Service and Repair Business. I did some work for a couple on 1/31/18. In their home.
Joseph Jaap's answer
Sue both in small claims court. Check the court web site for the forms to file.
Sue both in small claims court. Check the court web site for the forms to file.
Q: Can the owner of a business, say a coffee shop or restaurant, have a rule that uniformed officers are not allowed in?
Joseph Jaap's answer
A business owner can put up a sign that meets local sign regulations. It can probably exclude police officers, but could face a negative public response for doing it.
A business owner can put up a sign that meets local sign regulations. It can probably exclude police officers, but could face a negative public response for doing it.
Q: I bought a condo for my daughter to live in during college.(owned under my LLC) Would it benefit me to list her as
Eric Steven Day's answer
It seems that if you paid her (a deduction) so that she could pay you rent (income), there would be some sort of wash there with the income offsetting the deductions. The way this might benefit you, is this could then be treated as a rental and you would be able to depreciate the property. However, for her to be considered an employee, there would have to be some business purpose that she is performing on behalf of the LLC.
It seems that if you paid her (a deduction) so that she could pay you rent (income), there would be some sort of wash there with the income offsetting the deductions. The way this might benefit you, is this could then be treated as a rental and you would be able to depreciate the property. However, for her to be considered an employee, there would have to be some business purpose that she is performing on behalf of the LLC.
Q: If you have a business with a partner that is 50/50 can you do anything if they won't let you get your half of the money
Joseph Jaap's answer
It depends on the company documents and what they specify for resolving disputes. If a dispute cannot be resolved, then you can sue in court to terminate the company and distribute the assets between the two partners. Use the Find a Lawyer tab to retain a local attorney who handles business litigation.
It depends on the company documents and what they specify for resolving disputes. If a dispute cannot be resolved, then you can sue in court to terminate the company and distribute the assets between the two partners. Use the Find a Lawyer tab to retain a local attorney who handles business litigation.
Q: How do my husband and I create a 2 person member LLC for a rental property?
1 Answer
| Asked
in
Real Estate Law, Business Formation and Business Law
for
Ohio
on
Answered on Apr 5, 2018
Answered on Apr 5, 2018
Joseph Jaap's answer
An Ohio LLC can be created on-line with the Ohio Secretary of State. But you should retain a local attorney in OH to discuss setting up and operating the LLC properly and property ownership. You also should consult your tax advisor regarding the different options that can be elected for federal income taxes and other tax issues, including OH state taxes. Those depend on your particular tax situation. Use the Find a Lawyer tab to consult a local OH attorney where the property is located.
An Ohio LLC can be created on-line with the Ohio Secretary of State. But you should retain a local attorney in OH to discuss setting up and operating the LLC properly and property ownership. You also should consult your tax advisor regarding the different options that can be elected for federal income taxes and other tax issues, including OH state taxes. Those depend on your particular tax situation. Use the Find a Lawyer tab to consult a local OH attorney where the property is located.
Q: If a company sold me a lifetime home warranty went out of business but then the owner went and opened a new business mus
1 Answer
| Asked
in
Business Law, Civil Litigation and Contracts
for
Ohio
on
Answered on Mar 30, 2018
Answered on Mar 30, 2018
Bruce Martin Broyles' answer
You may want to consider a suit under successot liability. He probably works from the same location, with same equipment and employees
You may want to consider a suit under successot liability. He probably works from the same location, with same equipment and employees
Q: New commercial neighbor is a convicted rapist & sex offender w admissions of harming children. Does this count?
1 Answer
| Asked
in
Business Law, Civil Litigation, Contracts and Landlord - Tenant
for
Ohio
on
Answered on Mar 28, 2018
Answered on Mar 28, 2018
Matthew Williams' answer
R.C. 5321.14 is not going to help you. That concerns unconscionable terms in the lease agreement, not your dissatisfaction with the proximity of a sex offender.
R.C. 5321.14 is not going to help you. That concerns unconscionable terms in the lease agreement, not your dissatisfaction with the proximity of a sex offender.
Q: company A transfers money from Company B into Company A's bank account #1 and then Company A transfers that money back
Joseph Jaap's answer
Who is telling you to do that? If it is the company's attorney or accountant advising you to do this, get a second opinion if you are uncomfortable. As president, you have certain fiduciary duties under Ohio law, and so the company should have both an attorney and a tax adviser to provide appropriate advise when such questions arise. Use the Find a Lawyer tab to retain a business attorney to represent the company in its affairs. The attorney can probably recommend a business tax accountant.
Who is telling you to do that? If it is the company's attorney or accountant advising you to do this, get a second opinion if you are uncomfortable. As president, you have certain fiduciary duties under Ohio law, and so the company should have both an attorney and a tax adviser to provide appropriate advise when such questions arise. Use the Find a Lawyer tab to retain a business attorney to represent the company in its affairs. The attorney can probably recommend a business tax accountant.
Q: My wife and I started an LLC a few years ago to do some real estate investing. Can we change what the business does?
Joseph Jaap's answer
There can be many reasons for creating a new LLC to conduct a new business activity. Use the Find a Lawyer tab to retain a local business law attorney to review your situation and plans, and advise you. You also should consult a business tax accountant, and a business insurance adviser.
There can be many reasons for creating a new LLC to conduct a new business activity. Use the Find a Lawyer tab to retain a local business law attorney to review your situation and plans, and advise you. You also should consult a business tax accountant, and a business insurance adviser.
Q: Can i sue a patients family member for saying i was under the influence.
Joseph Jaap's answer
Use the Find a lawyer tab to consult a local litigation attorney to review the facts and advise you.
Use the Find a lawyer tab to consult a local litigation attorney to review the facts and advise you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
