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William Thomas McCaffery

William McCaffery’s Answers

17 total


  • My company is an llc am I liable personally

    In a dispute with the manufacturer of my product. Looking to terminate the agreement due to IP not being honored

    William’s Answer

    Any contract you have with the manufacturer is likely signed on behalf of the corporation and not you, personally. If so, you should be insulated from personal liability.

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  • Filing the lawsuit _ amount exceeding 15K

    I wanted to touch base with you in regards to a situation I got myself in, I am dealing with a Florida based resident who has a business there, the person borrowed 23K from me for a joint investment and now refuse to return me back, I have a notar...

    William’s Answer

    If the Florida resident has a residence here in NY, he can be sued here. If not, he probably needs to be sued in Florida, unless there is a provision in the written agreement as to where any action would be brought.

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  • Fine points of art gallery law & practice -

    If an art gallery represents an artist, can the gallery advertise and/or publicize the artist's work - in ad media of the gallery's choosing? Or, must the gallery check with the artist to make sure the magazine, newspaper, website or radio stati...

    William’s Answer

    Without knowing more details, it would seem to me that their rights would likely depend on the terms of the agreement between the artist and the gallery.

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  • Can my lawyer sue my insurance for underinsured motorist? On top of the 25000k from the defendants insurance?

    I was rear ended by a drunk driver he's at fault was ticketed and arrested. I had a shoulder anthroscopy surgery and knee open surgery. No fault has paid about 2000k in medical bills so far I also suffer from neck and back pain. Iam not sure if my...

    William’s Answer

    • Selected as best answer

    You must have Supplemental Underinsured Mortorist (SUM) coverage on your policy in order to pursue a claim for it. If you do have such coverage, then you can only pursue a claim for it if you have recovered the full limits of the liable party's insurance policy (i.e., if the other car has limits of $250,000, you must be paid that full $250,000 before you can pursue an SUM claim against your own insurance carrier for SUM benefits). Not knowing the full details of the case, it's impossible to say whether your case is worth more than $250,000, but your case may be worth less than the other car's insurance policy, in which case SUM coverage won't be an issue. To the extent you're not satisfied with your lawyer's communication level, tell him/her that you'd like to hear from him/her more and that you'd like more regular updates on the status of your case. I'm sure he/she will be willing to speak with you more. Or, rather than waiting to hear from him/her, just call the office every month or two to get an update. Cases take time to resolve, but don't worry about being a nag or anything; you're the client; you're the one that's ultimately going to be paying the lawyer; you're the boss; just give him/her a call whenever you want an update; he'she is working for you. Good luck.

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  • A neighbor gets hurt on our property. Do I need a defense lawyer for potential lawsuit against us?

    Neighbor has permission to shovel snow during our absence. Falls and sustains back and other injuries.

    William’s Answer

    • Selected as best answer

    Report the potential claim to your insurance company. Your insurance policy may have a requirement that you notify them of a potential claim ASAP - even if no actual claim or lawsuit has yet been brought against you. The insurance company will handle it for you and if you are sued, then the insurance company will provide a lawyer to defend you. If there is a valid claim and the neighbor is entitled to a recovery, your insurance should cover it.

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  • Do I need an attorney to file a claim in civil court?

    If I want to file a claim to sue in civil court, do I need an attorney?

    William’s Answer

    Not unless you are suing as a corporation. Otherwise, you are free to represent yourself. The term used when a party represents himself/herself is "pro se" so you may hear this term as you proceed. Sometimes it sounds like a good idea to represent yourself, but often times you are better served to have an attorney represent you. If you haven't already spoken with an attorney, you should speak to a few before you "go it alone." You might be surprised and find the representation costs to be reasonable and worthwhile. Good luck!

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  • Western New York: resolving difficulties in a stipulation agreement

    I have looked at the different category headings in AVVO. But difficult to find an attorney and firm to meet my needs. I have a stipulation agreement which is a contract. If the other party doesn't follow the agreement there may be some litigat...

    William’s Answer

    It seems to fit both categories. Post the question in both categories. The more answers you get, the better! Good luck.

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  • My moms attorney in a medical malpractice case has requested jury at plaintiffs request. What happens next, if no settlement?

    Case filed 2011

    William’s Answer

    If the case cannot settle, it will go to trial to be decided by a jury, but there is a often a long delay between when a jury is requested (when the case goes on the court's trial calendar) and the actual trial date. This leaves plenty of time for continued settlement discussions. So the case may yet settle; just because the Note of Issue has been filed and a jury requested does not mean that the case will not be settled. Good luck!

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  • If Defendant doesn't comply with 1st discovery request should I motion to compel (after good faith effort) or demand more first?

    In a State civil case I have more to request in discovery but defendant (attorney) didn't comply in any way or even call, no communication at all regarding my first request. After I make a good faith effort with them would it be best to motion to ...

    William’s Answer

    If your case is in New York, it is generally a better idea to file a request for a preliminary conference rather than filing a motion. The court will generally convert the motion into a preliminary coference request anyway, so by simply filing the request, you save unnecessary time otherwise spent drafting the motion. Good luck.

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  • Small business civil litigation - Being sued and bullied by a car insurance company

    I'm the owner of a small repair shop. A client of mine had his car fixed by me and 2 months later got into a car accident. His insurance company is now suing me because I "failed to properly repair the brakes" on the clients vehicle. The problem i...

    William’s Answer

    Report the claim to your insurance company. You could lose coverage if you don't timely report a claim that's been asserted against you. Your insurance company will appoint an attorney to defend you; let the attorney handle it.

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