How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marc Colen Your Own Question

Marc Colen
Marc Colen, Attorney
Category: Business Law
Satisfied Customers: 9
Experience:  25 years experience, state and federal litigation, intellectual property, business law.
Type Your Business Law Question Here...
Marc Colen is online now
A new question is answered every 9 seconds

I am vendor and stockholder in the Oregon Growers assoc which

Resolved Question:

I am vendor and stockholder in the Oregon Growers assoc which consist of a group of vendors (farmers) selling product wholesale to business's at the floral Wholesale market in Portland Oregon. How do I enforce the current bylaws that the board members will not address or enforce. The first rule in the bylaws state the vendors must grow 80% of their product they sell. Unfortunately this is not enforced and only the new vendors are having to abide by this rule. The board members say the "older" vendors have been unofficially grandfathered in and do not have to grow any of their product (zero). This is not stated anywhere in the bylaws. This has created an unfair advantage for the older vendors and a lot animosity in the work place. I have the overhead costs (farm mortgage, labor, etc) of growing my product when other vendors have none. In fact, the older vendors are attempting to put me out of business by duplicating my product and flooding the market with it. Sounds like Walmartism.
Submitted: 5 years ago.
Category: Business Law
Expert:  Marc Colen replied 5 years ago.
The other board members must obey the bylaws; the bylaws are a written document and some nonsense about unofficial grandfathering of older members is worthless. When they signed the agreement they agreed to it.

If they had you sign up after being told that the bylaws controlled the association then you have a strong fraud case against them which may result in a substantial punitive damage award, which can be as much as 9 times the base value of the case. Even if that were not the case, the other members owe you a fiduciary duty. This may also bring a high punitive damage award.

Because of the large punitive damages the defendants could suffer you may be able to settle this case readily. There are some very good attorneys in Portland that can help you with this.

Good luck!

If you are satisfied with this response, please accept by pressing the GREEN ACCEPT.

POSITIVE FEEDBACK is appreciated.

If you have a follow up, just ask.

This response is for educational purposes only and does not create an attorney-client relationship.

Thank you,

Marc
     
Marc Colen, Attorney
Category: Business Law
Satisfied Customers: 9
Experience: 25 years experience, state and federal litigation, intellectual property, business law.
Marc Colen and 2 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA