H. Joel Newman’s Answers

H. Joel Newman

Birmingham Litigation Lawyer.

Contributor Level 7
  1. Can someone try to change the law to benefit themselves in pending litigation?

    Answered 12 months ago.

    1. H. Joel Newman
    2. Jesse David Hoffman
    3. James M. Osak
    4. Liwu Hong
    4 lawyer answers

    Based on the limited facts you provided, yes. Simply asking the legislature to consider a change in the law is not improper. We all have a right to advocate for changes in the law. Nevertheless, if your case is ongoing you should consult with an attorney. Good luck.

    7 lawyers agreed with this answer

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  2. What steps do I need to take to remove a 49% owning member of an LLC based in MI?

    Answered 12 months ago.

    1. H. Joel Newman
    2. David B. Forest
    3. Russell D. Brown
    4. John F. Brennan
    5. Jason Matthew Shinn
    5 lawyer answers

    It would take a review of the entire operating agreement and all other agreements of the members, as well as a review of the factual circumstances to know exactly what you can and cannot do. There is probably some mechanism, or at least a combination of provisions in your documents to accomplish an equitable buyout . However, your questions suggest that you want to orchestrate a classic "freeze out", taking unfair advantage of the company and its minority member and diminishing the benefit...

    5 lawyers agreed with this answer

  3. I owe copany some money, i didn't refuse to pay, i ask them to do monthly payment. now they swed me and i recived acourt paper

    Answered about 2 years ago.

    1. H. Joel Newman
    2. Corey Dustin Silverstein
    2 lawyer answers

    I am assuming you cannot afford an attorney. The first thing you should do is contact the court to see whether a default has been filed against you. If not, you should file an Answer. Either way, you can ask the Court to order installment payments pursuant to Michigan Court Rule 3.104. Title your paper "Defendant's Motion For Installment Payments Pursuant to MCR 3.104". You will need to tell the court that you cant affoird to pay the entire amount, as well as the amount that you can pay by...

    5 lawyers agreed with this answer

  4. What are the risks of joining an LLC?

    Answered about 2 years ago.

    1. H. Joel Newman
    2. Phillip Monroe Smith
    3. Bryant Keith Martin
    3 lawyer answers

    LLCs are governed by Operating Agreements, and other formal agreements between the members. The Operating Agreement should control voting rights, management rights and limitations, whether a super majority is required for certain acts, such as capital calls which could dilute your ownership interest or for which you could possibly have personal liability. To mention just a few of the myriad possibilities, other provisions could allow or disallow the members to compete, to take salaries or...

    4 lawyers agreed with this answer

  5. Can you file supplements to Motions

    Answered about 2 years ago.

    1. H. Joel Newman
    2. Corey Dustin Silverstein
    3. Neil M. Colman
    3 lawyer answers

    You cannot simply default a party for not answering discovery. First, you must obtain an order compelling responses pursuant to MCR 2.313(A). (A)(5) provides for attorneys' fees if you prevail. You can only seek a defaul under (B)(2)(c) if you have already obtained an order compelling discovery and the opposing party is in contempt of that order. Accordingly, it is a 2 step process. I am curious though, when did you file your motion? When does discovery close? Good luck.

    4 lawyers agreed with this answer

  6. Business co-owner took money without consent

    Answered almost 2 years ago.

    1. H. Joel Newman
    2. John P. Frazer
    3. Bryant Keith Martin
    3 lawyer answers

    You don't provide enough facts to fully assess the situation. You have lots of potential civil damage and equitable remedies available under the Michigan LLC statutes and at common law, including the possibility under the right facts, of recovering treble damages and attorneys' fees. In cases of pure embezzlement, it is possible the government will prosecute. You probably have numerous mixed in business governance and control issues. You need to consult an attorney with...

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  7. Putting together a team of lawyers for a contingency case against a local government entity.

    Answered almost 2 years ago.

    1. H. Joel Newman
    2. Adam Gregory Masserang
    3. James M. Osak
    3 lawyer answers

    You don't say what the matter concerns, so it is difficult to give a specific answer. However, with all due respect, I recommend strongly against what you are attempting. I have led litigation teams within my own lawfirm on major cases. This can help where you have senior lawyers supervising junior lawyers on specific tasks. I have also participated in multi-firm litigation. This can be extremely inefficient. If you case involves eight figures or more, it could justify the inefficiencies of...

    3 lawyers agreed with this answer

  8. Am I allowed to consult with my lawyer during a deposition

    Answered about 2 years ago.

    1. Ezra N. Goldman
    2. H. Joel Newman
    3. Paul Y. Lee
    3 lawyer answers

    Yes,but not with a question pending unless you are discussing whether the question invades a privilege, such as the attorney client privilege.

    3 lawyers agreed with this answer

  9. Is it possible to sue for malicious prosecution or frivilous litigation against DSS after false allegations of sexual abuse?

    Answered about 2 years ago.

    1. H. Joel Newman
    2. George O. Tamblyn
    3. Daniel J. McCarthy
    3 lawyer answers

    In most states, the government has immunity from lawsuits when performing governmental functions. To overcome this governmental immunity, you would usually have to show intentional misconduct or, at a minimum, gross negligence. Common exceptions to governmental immunity are building and highway exceptions, which are not applicable here. If you already have a pending matter and you are exonerated, the court could probably award your attorneys' fees if it determines the action against you was...

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  10. Is it technically possible to “pierce the corporate veil” of a HongKong Ltd. In US to sue the US owner ?

    Answered almost 2 years ago.

    1. Shalem Shem-Tov
    2. Michael Charles Doland
    3. H. Joel Newman
    4. Michelle A. Perfili
    5. Robert V Cornish Jr.
    5 lawyer answers

    If you could prove the person committed intentional fraud, you would have a chance. In most states, you can sue a person who commits fraud, whether or not it is in the name of a corporation or any other entity. You would have to prove that when the company took your money, it never intended to properly fill your order. If you can't prove fraud, you are probably left with a breach of contract action against the company. Either way, for $7500, the lawsuit would not be economically viable.

    4 lawyers agreed with this answer