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Recent Arbitration questions

I am a management consultant in Houston, Texas. I am

I am a management consultant in Houston, Texas. I am designing a contract template for my practice. I want to include an "alternative dispute resolution" paragraph where I indicate that if there is a dispute, the parties of the contract will use a mediator or arbitrator to resolve the issue.I also want to include a paragraph in the contract that limits my liability to the total fees that the client will pay me for my consulting services.Is an "alternative dispute resolution" paragraph in conflict with a "limited liability" paragraph?Thanks,Charles

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Richard

Owner

Doctoral Degree

48,646 satisfied customers
I have a commitment letter from the university signed by my

I have a commitment letter from the university signed by my department chair and submitted to the agency as part of the proposal. Is that letter enforceable?JA: Because education law varies from place to place, can you tell me what state this is in?Customer: North carolinaJA: Has anything been filed or reported?Customer: What does that mean?JA: Anything else you want the lawyer to know before I connect you?Customer: The negation of "academic freedom" right of a tenured professor by the department head

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INFOLAWYER

Attorney

Juris Doctor.

39,242 satisfied customers
Not sure if you can help but was wondering if there is a

not sure if you can help but was wondering if there is a legal leg to stand on My daughter hit a deer with her car and the insurance company is giving her the run around claiming she is lying about the incident its going on 2 weeks now and she still has no car and no paymentJA: What state are you in? It matters because laws vary by location.Customer: WIsconsinJA: Has anything been filed or reported?Customer: she did not file a police report as she was on her way to work and the deer ran offJA: Anything else you want the lawyer to know before I connect you?Customer: no

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LegalPro54

Doctoral Degree

19,006 satisfied customers
Is this following statement true in RE: to AZ? "Rule 68 is a

Is this following statement true in RE: to AZ? "Rule 68 is a Federal Rule of Civil Procedure (FRCP). While a few states do sue the FRCP for their own civil procedure rules, AZ has its own set of Rules of Civil Procedure and rule 68 does not apply to AZ UNLESS you are in a federal court. See:https://govt.westlaw.com/azrules/Browse/Home/Arizona/ArizonaCourtRules/ArizonaStatutesCourtRules?guid=N93E3A75086BD11E6B9D68CD8AD30786D&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)&bhcp=1"If so, does that mean any attorney rom any state will have the right answer for AZ on questions involving rule 68 procedure and what is allowed?

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Lucy, Esq.

Juris Doctor

32,018 satisfied customers
I got an answer to a question I posed this past Saturday to

I got an answer to a question I posed this past Saturday to one of your real estate attorneys regarding a dispute I am having with my HOA Board regarding the removal of planting pots from our front yard. There are no guidlines or provisions whatsoever in the CCRs addressing such an issue. Instead the Board claims that there are"standards" not included in the CCRs because" not everything can be included in the CCRs! The Board sent us a letter to remove pots from our front yard by January 20th or face a hefty monthly penalty. Now I need to write a letter to the Board informingJA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: I need to write the Board requesting mediation or arbitration as delineated in the CCRs as we disagree with the Board's action. Can you write me such a letter to send to the Board? My state is CAJA: Has anything been filed or reported?Customer: nothing has been filed in courtJA: Anything else you want the lawyer to know before I connect you?Customer: I just need a fellow up with the previous attorney if possible

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Ely

Counselor at Law

Juris Doctor

67,224 satisfied customers
Background info in case this question is not answered by

Background info in case this question is not answered by Dolan...((((My tenant has never formally sent me a written letter stating that he wants to terminate his lease.He bought a house and started moving out at the end of November. By early December, he told me the inside was ready to paint so I sent painters. He continued going in and out of the house and finally had the house cleaned by late December. He made some changes to my house that was not approved by me as well.Because he did not send me a letter, he turned in his keys on the 10th, and I told him not to come to the property anymore, I sent my tenant a letter stating that his surrender date was Jan 11. )))))***********I also found new tenants whom I just signed with.But things have not been closed out with this guy. I am expecting a demand letter from him. I told him to send his demand via certified mail. I've tried to come to a resolution with him but he is not willing to let this go.In my original lease agreement, it says:B. Term: This lease agreement shall continue on a two (2) year basis commencing on Sunday, May 1, 2011 and will be renewed monthly thereafter and continue until either side gives the other ninety (90) days' notice that the lease shall terminate. Notice to terminate shall be in writing. In the case of the Landlord, written notice shall be given at the following address: (((address removed for this question))) (or such other address as the Landlord shall later direct in a written notification to the tenant).Question:1) If he asks for a copy of our rental agreement, do I have an obligation to give him a copy?2) How long can he "string me along" without actually producing a demand letter? I would like to close this out and move on.3) He does not want to send it via certified mail. Is he within his rights NOT to send it via certified mail?4) What if he send me a demand letter to which terms I disagree with? I would send a letter back...and then what? What would be the next process? How/when does arbitration take place?

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D. Williams, Esq.

Attorney

Doctoral Degree

118 satisfied customers
My ex changed the locks on my home in retaliation for me

My ex changed the locks on my home in retaliation for me moving furniture. What recourse do I have?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: NjJA: Has anything been filed or reported?Customer: I tried it to the local authorities but they have sorted the lockout and simply say it's a domestic issue.JA: Anything else you want the lawyer to know before I connect you?Customer: I lived there on December 22nd and she changed the locks on the 23rd without cause.

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LegalKnowledge

Juris Doctor

33,216 satisfied customers
If deadlocked on issues and 2 of the 4 shareholders won't

If deadlocked on issues and 2 of the 4 shareholders won't even acknowledge the other 2 shareholders let alone choose & agree on an arbitrator . Is there a way to force the arbitration? Our bylaws: In the event there is an even number of directors, on any vote, two-two vote any faction of the board member may demand a single third party arbitrator will be secured to break the impasse and resolve the impasse. All directors agree hereby that the arbitrator's decision shall be binding, and decision by the arbitrator shall be determined within thirty 30 days of being notified of the impasse and the positions of the board put before him or her, and that the standard by which the arbitrator shall make his or her decision shall be, in his or her sole discretion, what is in the best interest of the corporation and business and not any individual or group of shareholders. In the event the factions of the board cannot agree on a single arbitrator, the parties shall choose any disinterested party and those third parties shall agree on a single arbitrator to resolve the issue pursuant to the above procedures and standard.JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?Customer: AlaskaJA: Anything else you want the lawyer to know before I connect you?Customer: Nothing has been reported yet and no

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Asad Rahman

Attorney

J.D.

4,182 satisfied customers
I was wondering if the following sounds right to you. I

Hi..I was wondering if the following sounds right to you. I copied and pasted it directly from an email I received from my attorney. "I just looked up the tentative ruling and the court denied our motion. In order for the judge to hear oral argument you have to request it before 4:30 which I did not do because I did not know of such a ridiculous rule. So the tentative becomes the order. I am going to file an appeal of the court's ruling because the court clearly misstates what had actually occurred. There was never an adjudication on the merits of the TRO. "JA: What state are you in? It matters because laws vary by location.Customer: CaliforniaJA: Has anything been filed or reported?Customer: Yes...This just looks like a huge mistake on her part. Shouldn't she know the courts rules, whether she thinks they are "ridiculous" or not.JA: Anything else you want the lawyer to know before I connect you?Customer: I'm the plaintiff in what the attorney said was an open & shut case and yet, nothing has gone in my favor. In spite of almost $20,000 in fees and nowhere near any arbitration or mediation. I'm no better off than the day I hired her 4 months ago. Does the exerpt from her email sound right to someone with legal experience? Thanks in advance for your help

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INFOLAWYER

Attorney

Juris Doctor.

39,242 satisfied customers
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