Ohio Business Law Questions & Answers

Q: We own apartments. The sewage company in our county bills us higher than any other business. Is this legal?

1 Answer | Asked in Business Law, Civil Rights and Landlord - Tenant for Ohio on
Answered on Oct 11, 2017

Sewage rates are typically set by the utility after an approval process with the state public utilities commission and public hearings. Check with the state about your rates.
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Q: My eBay listing keeps getting removed because my "listing used their copyrighted image without permission."

1 Answer | Asked in Copyright, Antitrust, Business Law and Intellectual Property for Ohio on
Answered on Oct 7, 2017

Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.
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Q: I just filed bankruptcy and haven't went to court yet and I got a 2nd job this morning so can I work my 2nd job?

2 Answers | Asked in Bankruptcy and Business Law for Ohio on
Answered on Oct 6, 2017

Yes you can. Your B22 income is based upon the past six months before then petition. Just make sure to disclose to the trustee.
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Q: Who is at fault? A customer buys cigarettes with his MI state bridge card (Food stamps).

1 Answer | Asked in Business Law, Consumer Law, Federal Crimes and Criminal Law for Ohio on
Answered on Oct 6, 2017

This sounds like it happened in Michigan. You are going to want to repost in that state to find lawyers from that state as laws vary from state to state. In Ohio, it is illegal to buy smokes with food stamps.
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Q: What are the Ohio exceptions of a 17 year old no longer considered a minor without emancipation? For job purposes.

1 Answer | Asked in Employment Law, Family Law, Business Law and Juvenile Law for Ohio on
Answered on Sep 18, 2017

This link provides some information that might be helpful:

https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx
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Q: What forms do I need for an online business??

1 Answer | Asked in Business Formation and Business Law for Ohio on
Answered on Sep 13, 2017

Those questions cannot be answered on-line. If you want to start your business properly, and avoid future problems, then you need both legal advice and tax advice. So you should save up enough money to obtain that professional assistance so you can start the business correctly. You and he would be considered partners, and you and he need a written agreement that you both have signed, stating how you will operate the business, who will pay for what, who will do what, how money will be handled,...
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Q: Can a business owner have employees care for his elderly mother and then get reimbursement from the estate after passing

1 Answer | Asked in Business Law, Employment Law and Probate for Ohio on
Answered on Aug 8, 2017

Use the Find a Lawyer tab to consult a local probate and estate attorney to review all the facts of this situation and advise of potential consequences if the other heirs talk to their own attorneys.
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Q: Can the owner of a business send employees to his home and have them work on his house and pay them through the company?

1 Answer | Asked in Business Law and Employment Law for Ohio on
Answered on Aug 8, 2017

If the owner is the sole owner of the company, probably, as long as they are not asked to do something illegal. Perhaps there are some tax related issues. Employees in Ohio are at-will employees, and can be terminated for any reason or no reason, unless they have an employment contract or union contract. Use the Find a Lawyer tab and talk to a local attorney or contact a tax accountant.
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Q: My Realestate Listing Contract DOES NOT contain any extension time after the listing runs out for Realtor to get fee

1 Answer | Asked in Business Law and Real Estate Law for Ohio on
Answered on Jul 6, 2017

Of course you can sell to that buyer, the question is whether the agent will make a claim for the commission. It depends on the exact wording of the listing contract that you signed. It also depends on the timing, if you signed the sale agreement during the listing period. Use the Find a Lawyer tab to consult a local real estate attorney to confirm there is no commission due.
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Q: Can I get out of a partnership (sell my share) given this clause in the operating agreement?

1 Answer | Asked in Business Law and Contracts for Ohio on
Answered on Jun 21, 2017

It is very unlikely that the use of "her" would be a successful argument. Many agreements have boilerplate that says the use of any pronoun is deemed to include all genders. Even if your agreement does not have that provision, a court is not likely to agree that "her" excludes you. But use the Find a Lawyer tab to consult an attorney to review the agreement and advise you.
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Q: friend came up with a slogan for a shirt, I created the design for it. I want to use it as my company name. Do I owe him

1 Answer | Asked in Business Law, Intellectual Property and Trademark for Ohio on
Answered on Jun 5, 2017

A slogan is usually too short for copyright protection, so must be protected as a trademark or service mark. That either requires registration with the state or being used in commerce. If he has not registered it or used it in business, then he probably could not succeed on a claim against you. But anyone can sue for almost anything. And even if he doesn't sue you, he might feel cheated. Use the Find a Lawyer tab to consult a local business attorney about starting your business and also...
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Q: Is there a rule 76 or rule 79 that allows police to seize property from a business as evidence if they have no warrant?

1 Answer | Asked in Business Law, Civil Rights and Criminal Law for Ohio on
Answered on May 30, 2017

That's not right...
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Q: Subject Matter Jurisdiction (personal)

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Ohio on
Answered on May 25, 2017

No, appearance in court without contesting personal jurisdiction is consent and there's no "duped" exception.
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Q: I'm creating a game that has people travel the city. If they are injured, am I liable? Do I need a waiver or insurance?

1 Answer | Asked in Personal Injury, Products Liability, Business Formation and Business Law for Ohio on
Answered on May 3, 2017

As you describe it, if you make part of the rules they comply with all laws etc you shouldn't be liable. If it's a drinking game, that might be different.
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Q: Can I contact an LLC's bank contacts, employers, etc informing them of a debt that is owed to me?

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Collections for Ohio on
Answered on May 2, 2017

If you make those contacts, then the LLC and its owners could sue you for slander, interference with business, and probably other claims that an attorney will include. Use the Find a Lawyer tab to consult a local attorney who can advise you on collecting your debt without getting into trouble. If the debt is $100K, and the LLC has assets to pay that amount, then you should be prepared to pay an attorney yourself to sue the LLC to collect on the note.
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Q: Can an old business partner collect debt from our time together if there was no expense contract only a lease?

1 Answer | Asked in Business Law for Ohio on
Answered on Apr 3, 2017

Anybody can file a lawsuit. Whether a plaintiff wins depends on the facts, circumstances and evidence presented to the court. He could file in small claims court. Verbal contracts can be enforced by the court, but if there is differing testimony, with nothing to corroborate two conflicting versions, then it is difficult for the plaintiff to prove the claim.
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Q: Is an operating agreement same as lease agreement between a holding & operating LLC?

2 Answers | Asked in Business Formation and Business Law for Ohio on
Answered on Mar 22, 2017

No, an operating agreement governs how an LLC enitity is run among its members (essential shareholders), including division and distribution of profits, not an agreement between two or more LLCs or other legal corporate entities.
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Q: Does a Publicly Traded Co. have to treat allof its customers the same regarding payment, interest rate and late fees

1 Answer | Asked in Business Law for Ohio on
Answered on Mar 16, 2017

Not necessarily. They can't engage in illegal discrimination or discriminatory business practices, but there are many businesses that offer different terms to different customers based on many different factors. If you have a specific issue, then you should use the Find a Lawyer tab to consult a local attorney who can review the specifics of your concern and advise you.
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Q: I have a business in ohio registered name since 1990. I just found out another company is using my name, same business.

1 Answer | Asked in Business Law for Ohio on
Answered on Feb 22, 2017

You need to speak with an attorney about possible legal action. Whether or not you have a legal remedy, or can stop the other business from using the same name, depends on many factors. If they have been using it a long time, there might not be much you can do. You might have waited too long, and they are in a different state. If you had registered your business name as a service mark and/or trademark with the US Patent and Trademark Office, you might have had better options. Use the Find...
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Q: What kind of lawyer do i need for a commercial lease i want out of due to building problems caused by old water damage

1 Answer | Asked in Business Law and Landlord - Tenant for Ohio on
Answered on Feb 22, 2017

Talk to the lawyer you worked with when you signed the lease. If you didn't use a lawyer, then use the Find a Lawyer tab to consult a local real estate attorney. The attorney can review your lease and advise you who has the responsibility to make repairs. If you were given an opportunity to inspect the premises before you entered the lease, or if the lease says you took the premises as-is, then you might not be able to get out of the lease, unless the landlord knew of a serious issue and did...
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