Even with smaller cases it’s advisable to involve an attorney who will help determine early on what liens may exist and who can negotiate payment of those obligations as part of the settlement, even increasing the settlement to maintain or enhance the injured person’s net recovery. Typically if an injured person has private health insurance through a larger employer then their coverage often times will be provided under an ERISA insurance plan. That ERISA (Employee Retirement Income...
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A lot appears to be at issue in your questions so you may need a lawyer to sort it all out and determine how to obtain the info and results you want with the lowest legal risk. Entity type: In your question you refer to a 50/50 business partnership with your sibling. Most times people set up a LLC (limited liability company), however if that is not what was done then it could be a common law partnership situation. If you’ve formed an LLC and have a signed operating agreement then that...
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Because you’re already represented the insurance company should not have direct contact with you without your attorney, so you’d be well advised to have a honest discussion with your attorney about your case status, your injuries and how you want it to proceed. Generally, the value of an inured person’s case can be increased by effective legal counsel that knows the law and various theories of recovery, what injuries are normally worth, what insurance coverage are available for recovery,...
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Altering a work of fine art can be a prohibited thereby entitling the artist to injunctive relief, damages, and other remedies under Connecticut law. Having a litigation attorney (with experience in intellectual property) file a civil lawsuit is one option. While common law copyright rights, contract violations, and other legal remedies may exist, Connecticut also has a law (Conn. Gen. Stat. §42-116s) titled “An Act Concerning Art Preservation and Artists' Rights” that provides additional...
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Given the amount of money involved ($40,000), the contract jurisdiction provision (Connecticut), and contract provision allowing for collection of attorneys fees, it is advisable to speak with a business litigation attorney in Connecticut. Generally, if the target defendant is in Connecticut (and presumably has few / any assets outside the state) proceeding with a case in a foreign state (Florida) will likely result in an appearance default that when brought to Connecticut (to become a...
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Connecticut is an at-will state meaning that absent an agreement otherwise either the employer or employee may terminate their relationship at any time, with or without cause (i.e. for a good reason (absenteeism, insubordination, theft, etc.) or no reason at all). Anytime adverse employment action (i.e. terminate employment, change working conditions, etc.) is taken against an employee it’s advisable to consult with a local attorney about what specific rights or actions maybe taken. While...
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Yes the LLC assets would be shielded from the personal debts of its members, HOWEVER, as the membership interest in the LLC is an “asset of the personal debtor” that protection maybe short-lived. In CT an LLC is treated as a separate legal entity (so long as certain conduct isn’t engaged in to breach that corporate identity (i.e. co-mingle funds, etc). The LLC members each have a membership interest in the LLC and are therefore entitled to distributions of the LLC’s profits. In addition,...
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While “limited control” may be a step in the right direction, it is important to verify now (in writing) that per your agreement you (after paying the developer for its services) own both the domain name (website address) and all the code and content that makes the site operate. A common misperception of businesses that hire an outside website design resource is that the business “owns” the IP (intellectual property) rights because it paid for that work. Absent a written agreement...
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Protection from personal liability is a major benefit of forming and conducting business as a Limited Liability Company, yet even with such protection its advisable to obtain a suitable commercial general liability (CGL) policy / business insurance. Under Connecticut law a LLC member is protected from personal liability for the debt, obligation or liability of the limited liability company, whether arising in contract, tort or otherwise or for the acts or omissions of any other member,...
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Generally speaking an agreement entered into by a limited liability company will be effective for the term of the contract. When an LLC dissolves (usually voluntarily by its members) then the company during its winding up process will collect its assets and pay its liabilities prior to making distributions to its members. Even after an LLC is dissolved it may sue and be sued as part of that winding up process. If the licenses agreement permits assignment to another party then an individual...
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