The defendant filed a Motion to Dismiss 12 (b) in response to their motion we amended our complaint and cause of action. Does the federal judge allow the defendant to response to our amended petition and cause of action.
The description of the process is a bit confusing. However, I think the answer is yes based on the fact that when a party amends the complaint, the defendant is expected to answer the complaint as amended.
I'm not sure how this relates to the state court TRO, but if the case has been removed to federal court, you will need to go to the federal judge with a new motion for TRO or preliminary injunction. The removal to federal court has most likely rendered the state court TRO moot.See question
I have a credit card with a balance of about $8,500 and I have been sued. They have filed the paperwork and to prolong a default judgment because I did not answer... I filed a response saying I owe the debt, but do not make enough to even have my ...
You might be able to leverage your position with the credit card company by explaining that if they will allow you to enter into a payment plan, then you have some friends and family that will help you to make the payments, but that if they obtain a judgment, that support will not be there and the credit card company will obtain nothing because you are essentially judgment proof.See question
I am in the middle of a civil lawsuit in Florida. A bank sued my company and I (as a guarantor). I am considering filing a regulatory complaint against the bank with the Federal Reserve. How might such a complaint impact the lawsuit, and can I req...
I agree with my colleague's answer that the regulatory complaint would not stay the lawsuit. I would also caution you that if you try to have a regulatory complaint initiated and it is not undertaken nor successful, then the bank will likely use that fact against you in the civil lawsuit to show that you unjustly retailiated. While it will not likley impacts the merits of the case, it could adversely impact how you look to a judge or a jury.See question
Mr. Antoine Fuqua did the movie Training day. I want to write "Fan Fiction" on the movie. I would like to know do I need his blessings or, do I don't need it to due to the books being "Fan Fiction?"
This question is too general to be effectively answered, I'm afraid. But I can tell you some things that would diminish the likelihood that you would need to obtain his blessing. First, avoid making references to any specific dialogue in the movie. Second, make the references to the movie succinct and factual. Third, make sure that your commentary is unique and original. Fourth, when you have a draft of your work, take it to a copright lawyer and have them review and bless it. It may cost you some attorney's fees on the front end, but it will be cheaper than having to pay the movie studio for a license, and it will be cheaper than being a defendant in a federal lawsuit. Good luck.See question
Is it copyright infringement to start an educational website that teaches people how to draw popular cartoon characters like Bugs Bunny? I can draw many characters from scratch by memory, so would it be ok to post step-by-step tutorials of how I d...
Stay away from mentioning any specific characters. Keep the focus of the website on how to draw characters from memory, without needing to copy from any fixed tangible medium. Use more generic characters that are not the work of others if at all possible in your tutorials. All of these things will help you to steer clear of becoming the target of a copyright suit. Remember, it is not just about avoiding liability. It is about avoiding a lawsuit and the legal expenses associated with having to defend yourself against an aggressive copyright owner who perhaps has more financial resources than you do.See question
Our firm frequently defends these kinds of cases and we are located in Northwest Atlanta near 75 and 285, which would seem to be convenient for you. Feel free to call my office line 770.953.0995 ext. 101 if you would like to discuss your situation and potential representation.
Keep in mind that for federal suits, you only have 20 days to answer or otherwise file a response to the lawsuit once you have been served. So time is of the essence. Good luck.See question
They sold the T shirts for the month of October to raise money for charity. We did a poor mans trademark where we mailed it to ourselves. How can we introduce this new logo to help raise money...
Without a trademark registration, any trademark rights obtained in this new logo will be confined to the geographic community in which the use of the mark is made. For this reason, if they seriously want to protect their rights in the mark, a federal trademark registration may be worth looking into. For the basics on registration, you can go to the www.uspto.gov web site, but many people find the process to be safer and easier with a lawyer on the team to navigate. Good luck.See question
How can I work around Chief Judge in a case when he has verbally abused me in open court and I'm innocent, and I have posted stuff on the web about his threats and legal aid won't help me. what do I do?
It would serve you well to ask around about your judge and find out what lawyers in your area have the best working relationship with him. Then hire them and let them do the talking. This is one reason why lawyers can provide a valuable service to their clients.See question
I have sent the other party the complaint by Fed Ex and it was signed for. Now we are trying to serve them as well and they have refused every time to accept the complaint. The complaint that they are trying to serve has the court date for them to...
You need to have served the defendant by one of the legally accepted means of service under your state's law. In Georgia, Fed Ex is not good service.See question
New individual dba (same business name) is this person liable for the defendant's judgment because he previously was dba in this particular business's name. New owner knows nothing about the defendant's judgment. Or will this judgment only pertain...
If an individual doing business under a DBA sells the assets of his business to a third party, and your judgment is against the party who sold the assets, then you would not be able to enforce the judgment against the buyer unless you can show that the buyer also purchased the liability that your judgment represents.See question