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Jon Paul Yormick

Jon Yormick’s Answers

5 total

  • I would like to export skin care products from US manufacture to RU. What paperwork do I need to have to do it?

    Thanks

    Jon’s Answer

    Depending on the product, a Certificate of Free Sale might be needed. Here is the link to the FDA's website to review that further, http://1.usa.gov/SkIV2d. As others have commented, selling into Russia and doing business there has a number of legal and regulatory pitfalls. Advice from a US-based attorney familiar with these issues or Russian legal counsel would be wise. A reputable and knowledgeable freight forwarder can also provide guidance on the exporting requirements under US law and regulations and should be able to coordinate for you what documentation will be necessary to have the products cleared by Customs in Russia.

    Best of luck with the transaction.

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  • Is it possible to dispute the validity of an arbitration clause?

    Help, I have filed a civil suite in Draguignan, France for incomplete payment of a separation protocol concerning 9 years of work for SCI S and P Union Globale, a wine property in Lorgues, France. The French court is seeking further documentatio...

    Jon’s Answer

    As pointed out already, if you entered into the "last minute" arbitration clause voluntarily it will be unlikely that the clause can be attacked as invalid. You may want to reconsider your position regarding arbitration since it can be a cost-effective way to resolve cross-border disputes and lead to a decision sooner than a civil lawsuit. An arbitration award is generally not subject to appeal and there are typically limited grounds to vacate an arbitration award. If necessary, the award can be enforced in court as if it were the court's own judgment.

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  • Trademark Infringement Settlement

    My husband is being sued for trademark infringement but there is no way we can afford to pay even 10% of the settlement. What other options does he have? would he have to go to jail if he can't afford to pay the settlement?

    Jon’s Answer

    If this lawsuit involves a business venture, you really need to check the commercial general liability (CGL) insurance coverage. It is possible, the policy will require the carrier to defend the lawsuit (pay for the defense) and provide for indemnification (settlement costs) under the advertising injury coverage that is generally a part of a CGL policy. This could allow the case to be defended without the financial concerns your question raises. I suggest having an attorney familiar with insurance coverage issues assist you with this matter. The small cost of doing so could be a wise investment. Hopefully, a policy exists and this information proves helpful.

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  • If a default judgement occurs against me in a copyright infringement case, can I appeal the judgement ?

    The court stated we didn't file a document/motion. We have the signed usps document that someone received it. The palintiff attorney sais they would "take care" of a telephone conference to set dates. We are out of state. What can I do?

    Jon’s Answer

    As others have pointed out, the court rules allow for default judgments to be set aside under certain circumstances. Based on what you write, it would appear that there could be an argument that you made an appearance in the case and therefore were entitled to notice before default was entered. Most often you will also have to show "excusable neglect" to set aside the default and it also appears that you may be able to show that as well. You also have to show timeliness in filing a motion to vacate. Most importantly, you usually will have to show a meritorious defense exists. This is not necessarily a winning defense, just one that is plausible if the case proceeds on the merits and could render a result in your favor. There could also be counterclaims that are mandatory or permissive which could arguably favor vacating the default. Speed is key right now.

    Since you are also located in Ohio and our Cleveland-based firm offers a half-hour consultation at no charge, if you email the documents to me, I will have a look and be able to discuss it with you further on-line or by phone.

    Jon P. Yormick
    Managing Attorney
    Yormick & Associates
    jon@yormicklaw.com

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  • PERSONAL JURISDICTION

    Filed a Federal Law Suit in the Eastern District of New York. One of the defendants is a business (Incorporation) formed and based in Arizona. They have said that they will motion to have case moved to Arizona & that will create a hardship on m...

    Jon’s Answer

    Your questions are interesting and perceptive. There are laways procedural and strategic issues and concerns, in any type of litigation. It is not possible to address the venue question without knowing more information and reviewing any relevant documents and, of course, reviewing the applicable case law. As for service, I suggest reviewing Fed. Rule of Civ. Pro. 4(d) regarding waiver of service. This should help to answer your service questions. Our firm offers an initial consultation or document review (up to an hour) at no charge if you would like further assistance, please contact me.

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