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adjusterjack

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Posts posted by adjusterjack


  1. 3 hours ago, AZ-native said:

    Will I need to obtain an EIN and create a business entity (LLC) if I were to go forward, prior to the site going live?

     

    Not necessarily. An LLC is a disregarded entity for income tax purposes. You would use your own SSN and attach Schedules C and SE to your return. Nor will an LLC protect you from being sued personally for trademark infringement.

     

    3 hours ago, AZ-native said:

    Would I also have to obtain a trademark license from the company in order to post them online?

     

    The best and safest route is to get consent from the manufacturer even if it means buying a license. An infringement lawsuit can put you into the poorhouse just from defense costs even if you haven't done anything wrong.

     

    If you aren't willing to do it right, don't do it.


  2. 5 hours ago, jabraben said:

    Hard to say as we don't have the actual figures of our usage over the last 6 years yet, but doing a back of the napkin estimate, it could be at least $15,000. 

     

     

    You are going to need a lawyer and I suggest you turn one loose on the cooperative ASAP because this:

     

    On ‎7‎/‎13‎/‎2019 at 8:36 AM, jabraben said:

    They say this is unprecedented for their company and so they are looking into the Ohio Revised Code for guidance about how to proceed. they've given no indication one way or another regarding their intentions, except to say that they want to do what is right and fair.

     

    seems like the beginning of an attempt to shine you on and not pay you much of anything if anything at all.

     

     


  3. 37 minutes ago, cajungirl228 said:

    Of course I have done research pertaining to this. I am looking for more than just "general information".  I am hoping to get insight on what actual legal steps can be taken.  

     

    For that kind of insight you will need a lawyer to review the transcript of the trial and all the evidence presented so as to determine if there is any cause for seeking to overturn the conviction.

     

    37 minutes ago, cajungirl228 said:

    The phrase I quoted is far from "out of context". It's actually pretty black and white no matter what way it's looked at.  Bottom line in my opinion, there should NEVER be a time when this sort of "rhetoric" should be allowed during ANY legal proceeding.  

     

    Perhaps the Louisiana Supreme Court can convince you that you may be wrong.

     

    In 1998 James Michael Casey was sentenced to death for the murder of 12 year old Christina Wolfe. He appealed the conviction and sentence arguing various assignments of error. Two of those errors involved "prosecutorial misconduct" during the prosecutor's closing argument. The following is the court's ruling regarding the prosecutor's closing argument quoted directly from the case decision:


     

    Quote

     

    Assignments of Error Nos. 8 and 9

     

    In his eighth and ninth assignments of error, the defendant argues that the trial court erred by allowing improper closing arguments by the prosecution. First, the defendant argues that the prosecutor made several objectionable remarks referring to serial killers Wayne Williams and Ted Bundy and comparing them with the defendant and the manner of death as alleged by the State. Second, the defendant complains about the prosecutor's comments that, "the state's evidence is better than a 12-year-old coming back from the grave" and "the victim is not here to tell you the elements of rape."

     

    The general rule concerning the scope of closing arguments is that they are confined to "evidence admitted, to the lack of evidence, to conclusions of fact that the state or defendant may draw therefrom, and to the law applicable to the case." La.C.Cr. P. art. 774. Louisiana jurisprudence on prosecutorial misconduct allows prosecutors wide latitude in choosing closing argument tactics. See State v. Martin, 539 So.2d 1235, 1240 (La.1989) (holding closing arguments that referred to "smoke screen" tactics and defense as "commie pinkos" inarticulate but not improper); State v. Copeland, 530 So.2d 526, 545 (La.1988) (holding prosecutor's waving gruesome photo at jury and urging members to look at it if they became "weak kneed" during deliberations as not improper). Further, the trial judge has broad discretion in controlling the scope of closing arguments. State v. Prestridge, 399 So.2d 564, 580 (La.1981). And, even if the prosecutor exceeds these bounds, the court will not reverse a conviction unless "thoroughly convinced" that the argument influenced the jury and contributed to the verdict. See State v. Martin, 93-0285, p. 17 (La.10/17/94), 645 So.2d 190, 200; State v. Jarman, 445 So.2d 1184, 1188 (La.1984); State v. Dupre, 408 So.2d 1229, 1234 (La. 1982).

     

    Even if we were to assume that the prosecutor's comments in this case were outside the proper scope of closing arguments, the defendant is still not entitled to relief. The court must be thoroughly convinced that the argument influenced the jury and contributed to the verdict before reversing a conviction based on misconduct during the closing arguments. The thrust of the prosecutor's remarks were, in the first instance, to downplay the importance of hair and fiber evidence in this case to counter the defense's position that it was crucial, and, in the second instance, to emphasize the importance of the fingerprint matches on the murder weapon to counter the defense's position that it was accidental. The verdict was unanimous and it was reasonable on the basis of the evidence heard. In fact, "credit should be accorded to the good sense and fair-mindedness of jurors who have heard the evidence." Jarman, 445 So.2d at 1188. In this case, the defendant was convicted based on ample evidence of guilt, including the absence of sperm in the seminal fluid found in the victim's anal, vaginal and nasal passages coupled with the fact of the defendant's successful vasectomy, Cheryl Wolfe's testimony, the roll of packing tape found in the defendant's apartment and the defendant's fingerprints on the murder weapon itself. Thus, the court is not thoroughly convinced that the closing argument, even if improper, influenced the jury and contributed to the verdict such that the defendant warrants a reversal of his conviction.

     

     

    https://scholar.google.com/scholar_case?case=12660273680873022206&q=closing+argument&hl=en&as_sdt=4,19

     

    There are roughly 2500 other case decisions that involve closing argument.

     

    https://scholar.google.com/scholar?hl=en&as_sdt=4%2C19&q="closing+argument"&btnG=

     

    So, you see, your quote is certainly taken out of context and that kind of "rhetoric" was apparently permitted by the court and also apparently not objected to by your cousin's attorney.

     

    Given some of the horrible statements that the Supreme Court did allow, the prosecutor's statement in your cousin's case seems rather tame and was unlikely to have made any difference to the verdict.

     

    Would you now reveal what your cousin was convicted of and what evidence was used to convict him?


  4. 52 minutes ago, moxie said:

    Additionally, how can one determine if one is breaking employment laws and misclassifying ICs when they should be employees.

     

    Let's start with that. Read the following from the IRS:

     

    https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-defined

     

    People in your type of profession are often independent contractors so you aren't likely to get anywhere making an issue of it.

     

    54 minutes ago, moxie said:

    The independent contractor contract states 30 days notice to separate the agreement, unless fired, then it is 5 days notice.

     

    Are you asking if 2 days notice is breach of contract? No way of telling without reading the contract.

     

    All to often people post here saying that something "states" something and when one reads the actual document it doesn't "state" that.

     

    So please quote that provision about termination word for word in its entirety and you might get a helpful comment.


  5. 33 minutes ago, Dorene said:

    The house we lived in has been in foreclosure since last year, but the landlord was still collecting rent from us.

     

    He had a right to collect rent as long as he owned the house. And, unfortunately, the foreclosure was between him and the lender and "legally" none of your business.

     

    34 minutes ago, Dorene said:

    We received a letter from the new owners out of Westchester, NY, to vacate the premises in 30 days.

     

    Respond to that letter in writing to the new owners that the federal Protection of Tenants in Foreclosure Act was reinstated in 2018 and requires 90 days notice:

     

    https://www.federalreserve.gov/supervisionreg/caletters/caltr1804.htm

     

    38 minutes ago, Dorene said:

    With no where to go or no help assissting us in moving expenses.

     

    Well, that's on you. Everybody should amass an emergency fund for just that kind of contingency.

     

    39 minutes ago, Dorene said:

    Can the landlord be sued for still collecting our rent and failing to notify us about the foreclosure, and selling of the property?

     

    Sure, the landlord can be sued, but you aren't going to win so don't waste your time or your money, especially your money, which can be better spent finding another place to live.


  6. 47 minutes ago, purpleheart said:

    Oh yes PayRollGuy, extending high school to extend child support. “ Susan “ was an A/B honor roll student, involved in French, Drama Club, HOSA club and played volleyball for the public high school. There is NO reason, other than lack of proper education, should she have remained in 11th grade from August 2017-TODAY. 

     

    Another reason to pay the lesser amount, knowing that your ex is likely to take you to court where you can sandbag her with the home schooling issue. There's no reason why your daughter shouldn't have graduated high school this semester.

     

     


  7. 1 hour ago, purpleheart said:

     “ Susan is due to be emancipated within two years, anticipated upon her graduation from high school, occurring after her 18th birthday ). In compliance with OCGA 19-6-15, worksheet C reflects Petioner as legal custodian of Bob and Jeff and shows the step down in support after Susan is emancipated. Beginning one month following Susan’s emancipation, Respondent Father shall pay $988 total monthly support.” 

     

    The only part of that paragraph that is clear and unambiguous is the last sentence. The rest of it's gibberish. The words "step down" do not appear in OCGA 19-6-15.

     

    If it was me, I would obey that last sentence and let the ex initiate any court proceeding to try and convince the judge that the other two sentences mean something else.

     

    How much was the prior amount of support?


  8. Your ex determines how much you pay toward the arrears.

     

    If she's not satisfied with the amounts that you pay, she can take you to court and make you a very unhappy person.

     

    I suggest that you continue to pay the same monthly amounts without interruption. That should satisfy her.

     

    If you haven't paid any of the arrears since your 2015 post, you probably owe a lot more now than you did then.


  9. That's not the only answer. I don't see a conflict between the statute and the court order. The statute says keep paying but doesn't say keep paying the same amount. The court order specifies pay less upon emancipation. Emancipation is defined by statute as age 18.

     

    Since it's better to ask for forgiveness than permission I suggest that when the offspring is 18 you just write your checks for the lesser amount and turn a deaf ear to the CP's protestations. Put the difference in a separate account and don't spend the money. Then let the CP decide if she want to go back to court on it. The worst that can happen is you get ordered to pay back the difference.

     

    Of course, if you act on my suggestion you do so at your own risk.


  10. 42 minutes ago, LegalwriterOne said:

    GA Code 19-6-15 provides that if even if the kid is 18, if they are still in high school, child support continues until they graduate or turn 20

     

    True, but the court order already changes the amount that has to be paid. No need to go back to court to get it changed. Payments continue but at the reduced amount.

     

    By the way, 19-6-15 has a ton of sub-sections. Which one are you referring to?


  11. Follow the court order as written.
     

    Quote

     

    Georgia code 15-11-720

    (b)An emancipation occurs by operation of law

    (2) When a child reaches the age of 18 years

     

     

    https://law.justia.com/codes/georgia/2018/title-15/chapter-11/article-10/section-15-11-720/

     

    Doesn't say anything about school.

     

    Assuming that you are relating the words of the court order correctly, the step down amount is what gets paid.

     

     


  12. 1 hour ago, TkoPk3 said:

    The fact remains that the hotel had no right or authorization to give who is essentially a complete stranger full access to my room without my knowledge/authorization whatsoever. 

     

    Complete stranger? No. By your own admission this was an acquaintance of yours to whom you gave all of the information about where and when you were staying and when you would be there.

     

    1 hour ago, TkoPk3 said:

    You're saying that you would have no issue opening your hotel room to a complete stranger watching tv on the bed? To me that is a SERIOUS endangerment to my safety caused SOLELY by the hotel.  What if it were your daughter/sister/brother/mother? Think of all the horrible acts that stranger could inflict on them?  You would be able to just "get over" that? 

     

    Apples to oranges and not worth a response. This was some one YOU knew and to whom YOU gave all the information to.

     

    Yeah, I'd be pissed, too. But it would be at my friend who would not be my friend anymore for pulling that stunt.

     

    1 hour ago, TkoPk3 said:

    , I seek no monetary reparations or anything like that.

     

    Then get over it because getting monetary compensation is the only way you punish somebody for wrongdoing. Which hasn't happened here because, again, YOU gave all the information to some one YOU knew.

     

    1 hour ago, TkoPk3 said:

    I'm curious in knowing if there are and consequences set that the hotel should face so they don't just diminish the severity of it.  Which will hopefully help prevent future occurrences that might end very badly.

     

    All you can do is write to the owner of the hotel (President of the corporation) and voice your concerns. Then get over it.


  13. 3 hours ago, Motz said:

    So my main question is some type of legal way to get my money back since I’ve had so many issues? 

     

    Did you buy it with a credit card? Many credit cards provide extended warranty features. You would have another 6 months after the first 6 months ran out. If it couldn't be fixed you'd be paid for a replacement.

     

    Before you decide on a lawsuit you might want to write reviews on websites that sell the item and have a review feature, like Amazon and eBay. I often see a manufacturer responding to them.


  14. 3 hours ago, Single dad said:

    Do I have the right to take my child & go places & stay places without his mom

     

    Just as much right as she does.

     

    3 hours ago, Single dad said:

    will I get in trouble taking our child to do things or go stay places without her being with?

     

    Depends on where you go and how long you stay.

     

    Perhaps you should talk to her and reach an agreement as to who does what with the child.


  15. Personally, I don't see a problem with such a gathering unless it is a nuisance to others. Note that you can upload a photo to this discussion. Take a photo of your next gathering and post it here.

     

    Meantime, understand that, for management to evict anybody there must first be written notice of a specific breach of the lease, rental agreement, or non compliance with a law or regulation. Then the tenant has 7 days to cure the breach or non-compliance if curable.

     

    See Section 35-9A-421:

     

    https://law.justia.com/codes/alabama/2018/title-35/chapter-9a/article-4/division-2/section-35-9a-421/

     

    Failing to cure could mean eviction through the courts.

     

    You and your friends would be wise to study the Alabama landlord tenant statutes and understand your rights and obligations:

     

    https://law.justia.com/codes/alabama/2018/title-35/chapter-9a/article-4/

     

    https://law.justia.com/codes/alabama/2018/title-6/chapter-6/article-8/

     

     

     


  16. Two or more? How many is more?

     

    A big crowd disturbing other tenants or not cleaning up after themselves could be actionable.

     

    And is this an every day gathering?

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