Thomas Franklin Asch’s Answers

Thomas Franklin Asch

Chicago Fraud Lawyer.

Contributor Level 8
  1. Libel & Slander

    Answered over 4 years ago.

    1. Thomas Franklin Asch
    2. Andrew Daniel Myers
    3. Dennis Michael Phillips
    3 lawyer answers

    To answer your question: it sounds like you have a very good case if you can show that your competitor is the one who engaged in this conduct. Usually this type of attack is done anonymously or through others. But if you do have proof that he is behind these efforts, then you have a very good case of trade libel, not to mention what is called libel per se against you. This is because he has accused you of committing a sex offense. That means that you do not have to show "special damages"...

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  2. What is Unfair Trade Practice,and how do I know if I have a lawsuit?

    Answered over 1 year ago.

    1. Thomas Franklin Asch
    2. Alan James Brinkmeier
    3. Joseph Andrew Brabender IV
    3 lawyer answers

    Generally an Unfair Trade practices case requires more than just a breach of contract. You may have a breach of contract case, but unless there was some fraud, deception, misappropriation or other dishonest or unfair practice in addition to breaching the terms of the contract it is unlikely that you can sue for unfair trade practices. These matters are very dependant on the particular facts and you should consult an attorney.

    2 lawyers agreed with this answer

  3. Appealing a judgment and stopping a collection action

    Answered almost 4 years ago.

    1. John P. Yetter
    2. Thomas Franklin Asch
    3. David Matthew Gotzh
    3 lawyer answers

    These are questions you should be posing to your trial attorney. But I can say some things generally. First, there would be no reason for the judgment order to mention bond. To stop enforcement action you have to file a motion to stay enforcement of the judgment and most likely a bond. Another option of halting enforcement is filing bankruptcy, if the amount of the judgment has rendered you insolvent. Bankruptcy automatically stays the enforcement of most judgments. I am concerned at your use...

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  4. I am on disability and would like to try to start a business can I get a tax no so if it does not work it wont count against me

    Answered over 4 years ago.

    1. Thomas Franklin Asch
    2. Erik Glen Swanson
    2 lawyer answers

    If you are on Social Security disability, the Social Security Administration does allow you to earn some money or try to be self-employed without stopping your benefits. Take a look at the Social Security Redbook at http://www.ssa.gov/redbook/.

    2 people marked this answer as helpful

  5. Civil practice act for pre and post judgment matters

    Answered almost 4 years ago.

    1. Thomas Franklin Asch
    2. Alan James Brinkmeier
    2 lawyer answers

    See an attorney, but keep in mind that C (unless he has collected the judgment) may have a defense that the lack of the condition in the judgment is a "scrivener's error" that can be corrected "nunc pro tunc" (which literally means "now for then") to reflect the "true" judgment of the court. The Items which might support that position could be hearing transcripts (if any) and the moving papers and pleadings. And, the possibility of C and B supporting this action vs A, as B does not want to come...

    1 person marked this answer as helpful

  6. Sale of a Company

    Answered almost 4 years ago.

    1. Thomas Franklin Asch
    2. Alan James Brinkmeier
    3. Arieh Mordechai Flemenbaum
    4 lawyer answers

    Just a correction of a typo in Mr. Flemenbaum's thoughtful answer. When he wrote: "In Illinois, generally speaking, if your PSA does not contain" he meant "if your PSA does contain." I think he began the sentence to warn you of the danger of the absence of these clauses, and ended it explaining the benefit that such clauses would give you.

    1 person marked this answer as helpful

  7. Legal malpractice: Obligated to pay bill for incompetent service?

    Answered over 4 years ago.

    1. Thomas Franklin Asch
    2. Alan James Brinkmeier
    2 lawyer answers

    I agree that it sounds like that you and your former lawyer simply disagreed about the best way to approach the case. If that is all there is to it, it does not relieve you of the responsibility to pay your bill. That is, if he simply made recommendations of compromise that you did not agree with, you are still obligated. There is a hint though that he made agreements or compromises with the other side that you did not authorize. If these agreements were unauthorized and prejudiced your rights...

    1 person marked this answer as helpful

  8. Do I have cause to sue?

    Answered over 4 years ago.

    1. Thomas Franklin Asch
    2. Lillian Elisabeth Wong
    2 lawyer answers

    I just wanted to add that there are two organizations that it be worth you consulting: (1) The American Civil Liberties Union (ACLU), and (2) the Foundation for Individual Rights in Education (FIRE). The former is thought of as "liberal" and the latter as "libertarian" but they often agree on campus free-speech issues and both have helped students and faculty with these matters. The website for the ACLU is http://www.aclu.org/ and FIRE's is http://www.thefire.org/article/5063.html. In...

    1 person marked this answer as helpful

  9. Dealership Fraud

    Answered over 4 years ago.

    1. Thomas Franklin Asch
    2. Ronald Lee Burdge
    2 lawyer answers

    I assume that the bank has not come after you for the loan, and your boyfriend is making the payments. If he makes all the payments, you will be off the hook. The danger seems to be that he will default leaving you holding the bag. You raise two issues. First is the fact that the loan agreement lists you as married. Note that if this is a fraud--that is if the fact whether you were married or not was material to the bank's decision to extend credit--then it is a fraud on the bank, not you....

    1 person marked this answer as helpful

  10. I have a signed Confidentiality Agreement and Non-Compete. Can I still do work with past clients?

    Answered over 4 years ago.

    1. Andrew Pavlinski
    2. Thomas Franklin Asch
    2 lawyer answers

    First let me echo that the precise language of the contract is what is important here. I can only speculate as to your rights without it. But, I note that it sounds like you have not changed jobs yet. I would caution you about doing any solicitation of your clients--or even informing them that you are changing jobs--while you are still at your current position. This is a grey but dangerous area that could allow your current employer to claim that you violated your duty of loyalty as an employee...

    1 person marked this answer as helpful