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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100600
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello I have a store that was recently made off limits to the

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Hello I have a store that was recently made off limits to the military based off a legal product that soldiers may or may not be using correctly. Furthermore they only made my establishment off limits and not my competition who sell the same types of items. The items is also available on many online sites. I want to take the military to court and first get my store off the off limits list and also go after monetary damages. I feel I've been discriminated against and that they didn't follow correct procedures in the process.
Submitted: 7 years ago.
Category: Legal
Expert:  Ely replied 7 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Can you please tell me what that product is? Also, are YOU off limits, or ALL stores that sell these products?



Customer: replied 7 years ago.
Hello thanks, I'm the only business that was made off limits and I know of 2 other stores outside the base that sells the same types of products that were not put on the list. The products I sell are herbal incense. They have many names but they are all herbal incense which are not meant for human consumption.
Expert:  Ely replied 7 years ago.
Ok I understand. Now on one hand, the military DOES have a wide range of control on its soldiers, but on the other hand, US gov't (including military) cannot make a law that goes against progress of business. So let me explain how this works.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: anti-business practices (every state has the cause of action named somewhat different), and perhaps negligence.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.



In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, make sure to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.



Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”



















Ely and 7 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
Thank you for your answer. I do need help in this matter and especially finding a lawyer who can handle this type of case. They would probably would need some knowledge in military law. I think at the very least it should be discrimatory since the other stores who sell the same items were not made off limits.
Expert:  Ely replied 7 years ago.
Ok no problem. I'm going to treat this as a follow up, additional question, ok? I'd like to refer you to the Kentucky Bar's Referral program. The program is free. The attorneys are vetted, qualified, and affordable. If memory serves me right, you also get a free consultation once you are matched up with an attorney from the category that you need (or at least the consultation is very cheap - I know this for a fact). The link to the Bar's referral service is below.http://www.kybar.org/291Ask for someone who does constitutional law BUT also has a military background if possible.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Ely and 7 other Legal Specialists are ready to help you

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