R. Russell O'Rourke’s Answers

R. Russell O'Rourke

Cleveland Construction / Development Lawyer.

Contributor Level 13
  1. Can I sue my dirty builder for serious injury I suffered on my property while home under construction?

    Answered about 1 year ago.

    1. R. Russell O'Rourke
    2. Scott Michael McPherson
    3. Alan James Brinkmeier
    4. Josh P Tolin
    5. Christian K. Lassen II
    6. ···
    10 lawyer answers

    Go to a local personal injury attorney now. Look for one on AVVO first. You don't say when all of this happened, but it seems as though it was some time in the past as you say that they "builder was eventually fired." Personal injury claims have a short life span, if you don't file a lawsuit before the statute of limitations expires you will lose your rights to make a claim at all. You may have issues with even being on the site. Builders often have prohibitions in their contracts...

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  2. I'm currently in a litigation against brother who forged POA and robbed my deceased grandmothers estate/bank accounts.

    Answered over 1 year ago.

    1. R. Russell O'Rourke
    2. Rixon Charles Rafter III
    3. Justin Jay Watling
    4. Constantine D. Buzunis
    4 lawyer answers

    WAIT! You are doing this litigation without an attorney? If that is so, as they say a person who acts as his own attorney has a fool for a client. GET AN ATTORNEY. If nothing else, go to the TOledo Bar Association, Lawyer Referral Service (I have given you a link below). What you have described in an incredibly complex, technical case. No lawyer should be able to give you a competent answer without spending hours of time reading your file. If you have an attorney, ask your attorney and...

    12 lawyers agreed with this answer

  3. Recently the owner of a Corporation died and he was the only stock holder. At this point what becomes of the company.

    Answered over 1 year ago.

    1. Dennis Michael Phillips
    2. R. Russell O'Rourke
    3. Ricardo O'Neil Bernard
    3 lawyer answers

    The company still exists. The question is who owns its shares. If he had no will, then it/they will pass under state laws of descent and distribution. If he has no wife, it will go to his children.

    7 lawyers agreed with this answer

  4. Is there any particularized or necessary way to sign documents and contracts as the Sole Owner of the LLC?

    Answered about 1 year ago.

    1. Aldo Bolliger
    2. R. Russell O'Rourke
    3. Frank Anthony Natoli
    4. John P Corrigan
    5. John L Williams
    5 lawyer answers

    This is a good question, and one that I see done improperly all the time. Yes, you want to be sure that the document clearly states that it is the company, not you personally that is the party to the agreement, not just on the signature line, but at the top where is names both parties. If the agreement doesn't already have your company name above or below your signature line, add it in, it doesn't have to be typed, it can be hand-written. Then be sure that your name (not your signature)...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Business partnership dissolved. I own domain, created site, dissolution did not cover site. Can I sell domains back to partners?

    Answered over 1 year ago.

    1. R. Russell O'Rourke
    2. Charles Lawrence Huddleston III
    2 lawyer answers

    If you had an original partnership agreement, the agreement might help answer your question. If not, when it split up, was there an agreement? What was your contribution to the partnership? The real question is, were your efforts on the site part of your contribution? Were you compensated for that work? For other work? For the hosting? What do your (former?) partners believe about the site? Do you plan to sell it for a lot or relatively reasonable amount? Do they still owe you anything?...

    6 lawyers agreed with this answer

  6. I do not have a non compete clause in my commercial property agreement, my landlord leased a direct competitor of my business

    Answered over 1 year ago.

    1. Robert John Murillo
    2. R. Russell O'Rourke
    3. Loren A Piel
    4. William Aran Levy
    4 lawyer answers

    First, to give you a little better exposure on your question, I changed the Practice area to contracts. I think that that is a better choice. It should be that or business. I agree with my colleague, that without a restrictive covenant in your lease, your landlord is free to lease to whomever he or she can get to sign a lease. Now, making lemonade out of what you perceive as lemons. This could be a great opportunity for you. Traffic is what you need to sell product. Having two of you...

    7 lawyers agreed with this answer

  7. What should I do if my landlord overcharge me for an at fault replacement?

    Answered over 1 year ago.

    1. R. Russell O'Rourke
    2. Peter Stephen Kirner
    2 lawyer answers

    First, it sounds like you think that the landlord should somehow be responsible, "Because they are not there to open the door." You left the food on the stove and caused the fire department response. Having said that, they can't then charge you extraordinary fees. Before you pay them ask them for their invoices and canceled checks showing payment. You may have found a "similar" door, but not necessarily the same one. They should be replacing the door with the quality and style of door...

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  8. How do i find an experienced tax attorney?

    Answered about 1 year ago.

    1. Alan James Brinkmeier
    2. R. Russell O'Rourke
    3. Benjamin Darrell Cramer
    4. Evan A Nielsen
    5. Daniel Boyd Waters
    6. ···
    6 lawyer answers

    I assume that if you have gotten this far in your tax matter with the IRS, you are using a CPA to help you. If you are, ask your CPA for a referral. If you aren't using a CPA or for some reason are uncomfortable asking for a referral, check AVVO for an attorney in your area who has TAX as one of their major practice areas.

    5 lawyers agreed with this answer

  9. Earned $250 as independent contractor but also received W2, do I need to report independent earnings when filing taxes?

    Answered over 1 year ago.

    1. Andrew Marino Bramante
    2. R. Russell O'Rourke
    3. Robert Louis Brown
    4. E. Martin Davidoff
    4 lawyer answers

    The problem that you have with the independent contractor income is that you say that taxes were withheld. This is very unusual. If you report it, you will have no way to balance off the income with the withheld taxes. You will need to get the company that paid you and withheld the taxes to give you a 1099 or W-2 that shows the withholding. Since companies that hire independent contractors are not required to withhold taxes, it sounds unusual, as if they are trying to pay you less than...

    5 lawyers agreed with this answer

  10. Does contractor have the right to sue me for uncompleted job due to their negligence?

    Answered over 1 year ago.

    1. Donald Michael Gallick
    2. R. Russell O'Rourke
    3. Todd Matthew Heine
    3 lawyer answers

    GET AN ATTORNEY NOW. If you don't respond to the lawsuit, the court will award the contractor with a default judgment against you. Home improvement contractors have a bad reputation in general. Because this is the case, there are statutes to protect consumers, like you. You may have a lot of rights, including damages against the contractor for all of the issues they created, if they really violated the law, perhaps triple damages and attorney’s fees. The statutes I am discussing are...

    5 lawyers agreed with this answer