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Roger Traversa's Answers
- 90 Legal Answers
- 1 Legal Guide
3
Attorney answers:
Can two similar businesses have the same name?
Probably not. I generally don't practice in the trademark area but can tell you that you probably are in the clear to continue using the name in the manner you have been using it. Given the facts you presented neither party has a trademark in the name. Assuming you have properly registered with the state you would be protected from anyone using a similar name in the same state. Depending on the geographical scope of your business you may even be able to expand the geographical protection of...
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1
Attorney answers:
If I get a marijuana possession and underage drinking charge expunged can I get a government job
Not a simple answer. No matter what you do, if you find yourself applying for a government job then you need to disclose all convictions, even if expunged. Now as to what will and won't affect your job prospects. The underage drinking would not generally have an effect on government employment. The marijuana possession charge has the potential to be more problematic. If the amount was for any substantial weight then you would be out of luck. If it was a misdemeanor possession charge for a...
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2
Attorney answers:
Can an employer hire you, have you work for a week then fire you after receiving background check information in PA state
Yes. But generally it is very inadvisable and sometimes it is actionable. Such as if the employer recruited you from another position or if the employer has used a discriminatory reason based on your membership in a protected class. Regards, Roger
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1
Attorney answers:
I bought house so I have to break the lease, Do I have to pay the penalty?
You asked about a fee for breaking a lease. Count yourself lucky to be able to extricate yourself from the lease at all. Many jurisdictions would allow the landlord to continue to collect rent for the entire period of the lease or until s/he could re-rent your rental unit. Other jurisdictions allow a landlord to only collect a penalty of two or three month's rent as a fee for a broken lease. Take the one month offer and be thankful it isn't more. Regards, Roger
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1
Attorney answers:
Is it the Landlord's or the Tenant's responsibility to change the battery yearly in the Smoke Alarm?
It is both parties responsibility. Tenant's are just as responsible for safety within their units as is the management. Regards, Roger
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2
Attorney answers:
Should I continue on my own or partner with an already established non profit organization?
You need to speak with an attorney that deals with tax exempt organizations. This is a question that is much to intricate for answering on a bulleting service. Regards, Roger
1 person marked this answer as helpful
1
Attorney answers:
Can I sue my college for forcing me to retake a class I passed and ultimately charging me more money?
No, you generally don't have a claim for being required to retake a class at a new school. The schools, particularly private schools, have great discretion as to what credits to accept from transfers. Maybe you can overload your classes for a few semesters to make up the time. But you don't have a claim to damages. Regards, Roger
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1
Attorney answers:
I am may be sued by the cosigner of a student loan that i had i want to know if it would be dischargeable in bankruptcy?
There is no definitive answer to this question yet. The co-signer had to pay the loan off and the only way she can get repaid for your debt is to sue you. Generally judgment debts are dischargeable in bankruptcy, but because this loan arose from a student loan debt it may not be dischargeable. Prior to 2005 it is clear that this debt would have been discharged as only a student debt owed to a government subsidized lender would have been nondischargeable. But, the Bankruptcy Act was amended in...
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1
Attorney answers:
What case doest this person have against me?
Your crude conduct aside, there is little likelihood that a claim will prevail on the facts presented. But you will also find it unlikely that your employer will pay for an attorney should you be sued. It was your own conduct and not conduct that was part of your job that got you into the jam you find yourself. Regards, Roger
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1
Attorney answers:
Can a tenant be evicted for smoking under Pennsylvania landlord tenant law
No, a party cannot be evicted for smoking a cigarette in their own home, without more. Is the roof outside living room a proper place to be smoking and does the landlord have cause to question that conduct in itself. No matter what any eviction would need to go through a notice and response process where a tenant would have the opportunity to defend his/her actions and the landlord would have to prove that the tenant materially violated the terms of his/her lease. Regards, Roger
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