I got into a car accident 2 months ago. It was a leased
I got into a car accident 2 months ago. It was a leased Acura RDX and my husband forgot to add the car into our insurance policy after grace period. so the car was uninsured at the time of the accident. the other party was a driver driving a company pick up truck. the driver and his coworkeradmitted fault at the scene, apologized profusely and acted very sincerely.I called Acura road side assistance and a tow truck came to tow my car. Instead of towing the car to the nearest dealer as instructed, the car was towed to a body shop. the tow truck driver did not give me any paperwork to sign. Later we were contacted by the body shop, the owner saying he will work with the other party's insurance to get the car fixed. Because the other party now is denying fault, and I have no insurance, the car is stuck at the body shop.I received an invoice from the body shop, saying now the storage fee is $95 per day and the towing fee is $475. The invoice is even back dated by a month and a half. It has no information of where the car was towed from, and it has no total amount.I want to get the car back to stop accruing storage fee but I can't afford $10k+ storage fee. And I believe that I am a victim of tow scam.By the way, the towing company and the body shop has the same phone number.My questions:How can I get the car back?Is Acura responsible since the towing company is its vendor?Anything I can do or where can I find help to get me out of this mess?e also have a question regarding the other party's insurance. Since we were not insured at the time, we have no one on our side to work with the other party's insurance. They are of course trying to deny as much liability as possible, but do they have any legal obligations to us? For example, despite other party's statement claiming that we changed into each others' lanes, the fault is not 50/50 and we are lucky to get 25%. They are also not proactive on our case, they have not even sent out an assessor to review our damages to determine the % fault. There have been many delays and inaction from other party that has lead our vehicle to be in storage for such a long time. Do we have any legal rights on our side to get some progress going or reduce our fault % (i.e. buying a crash analysis report, request a break down of how the fault % is determined).I've asked this question before, I want a second opinion from a different lawyer. Thank you.
Question about intellectual property / copyright law on a
Question about intellectual property / copyright law on a lead generation website... We had subscribed to a lead generation platform for our real estate company. That platform essentially takes out ads on Facebook and redirects consumers to a landing page to collect information. We essentially decided to copy that approach for ourselves, albeit with some changes - the ads / site is branded to our company (instead of unbranded like the subscription platform), asks additional questions, and scores the leads. The vendor saw our activity and asked us to "cease and desist." Is that legit?
I'm looking for legal advise on my rights. A contractor I
I'm looking for legal advise on my rights. A contractor I hired for restoration services after my home burned, orignally wrote a contract that was "not to exceed $75,000". After they were finished presented me with a bill for $135,000. I was never given written notices as provisioned in the contract. Also, when I we reviewing the bill I asked the contractor to view his copy of the contact. Someone had placed a 1 in front of the 75,000 dollars to make the contract read "not to exceed $175,000" I compared that to the carbon copy I had with the contractor and he admitted that one of his employees changed it. Is his contract still enforcable?JA: What state are you in? And have you consulted a local attorney?Customer: NJ - and no that is why I'm searching the web.JA: Has anything been officially filed? If so, what?Customer: No the vendor is trying to 'work it out' with me. but he wants to be paid something.JA: Anything else you want the lawyer to know before I connect you?Customer: I guess not.
I have been served a summons from american express wanted to
I have been served a summons from american express wanted to know the next step how to answerJA: What state are you in? And have you consulted a local attorney?Customer: FloridaJA: Has anything been officially filed? If so, what?Customer: yes with case # ***** is an official complaintJA: Anything else you want the lawyer to know before I connect you?Customer: no
Just looking for info on being sued by a material vendor to
just looking for info on being sued by a material vendor to my companyJA: Because laws vary from place to place, can you tell me what state this is in?Customer: nyJA: Has anything been officially filed? If so, what?Customer: letter of intent to sue demand of payment in fullJA: Anything else you want the lawyer to know before I connect you?Customer: my company does not have the means to pay this bill in full
FOR -BIZAW: Kindly re-read last question you answered for me
FOR RICHARD-BIZAW: Kindly re-read last question you answered for me for context as this relates to the same matter. Does a Canadian company have Nexus by virtue of doing business with U.S. customers and having a U.S. employee located in a U.S. state? If the employee with or without his employer's knowledge colluded/conspired with a 50% partner in a U.S. LLC that was a client of the Canadian company to destroy files on the LLC's hosting account, to block the other partner/officer from accessing files and features of the platform necessary for the LLC to conduct business and then unilaterally deleted the LLC's account in its entirety which destroyed valuable evidence on the server logs which would have identified who did what when -- can the Canadian company be sued and for what causes of action? Can the U.S. employee be sued and especially if he misled his employer about why these actions were taken?Now take into account that the Canadian company's TOS includes non-liability clauses and asserts thati t can cancel any account at any time for any reason in its unilateral discretion. While I recognize that this might protect them from a beach of contract claim, would it protect them from business interference, destruction of private property or evidence (the employee and likely the company knew the two partners were in a legal dispute and are now serving the offending partners separate business), collusion, economic/cyber sabotage, possibly conspiracy to commit these acts, etc?The jurisdiction clause of the TOS states that venue is in Canada. Under the circumstances or with nexus could this be changed to the U.S.? Or since the employee resides in the states could venue be changed to there?
Business litigator: is there any downside to permitting a
Business litigator: is there any downside to permitting a partner in an LLC to withdraw (permitted at any time by Op Agree with remaining partner's consent) other than losing any right to sue for future acts? Does the remaining partner lose indemnification provided for in a settlement agreement by not standing in the way of the partner withdrawing? What other disadvantages of the partner withdrawing might there be? In this case, the remaining partner is more interested in past acts and wants the partner out of the business to end its access to contracted services, clients and company assets that have been interfered with and damaged by the offending partner's wrongful acts. The remaining partner feels that this overrides any right or other item that might be lost if the offending partner withdraws but before taking a position on that, I want to ensure that I understand the disadvantages to the company and remaining partner of the offending partner's withdrawal.
Attention Business litigation attorney only: If I personally
Attention Business litigation attorney only: If I personally settle with a business partner (no lawsuit filed yet) who has cleaned out the company bank account, poached all the clients, diverted receivables, defamed me to clients and more -- can I still then file a derivative suit for the LLC (partnership filing taxes as a Sub-S)?If the partner has admitted in confidential settlement correspondence with my attorney that he made allegations about me to the vendor our online product depends on and got the vendor to block me from the platform and possibly to collude in sabotaging the platform, can I file a suit against the vendor if I settle with my (soon to be ex) partner provided the settlement document has no mention of the vendor or a catch-all clause that would release them?