Gideon Dionne’s Answers

The answer to your question will likely depend on whether he had a will, and if so, what the terms of the will provided. While a court (or the bank if pressed) may determine that the check was not fraudulent and that you are entitled to the money, it is much more likely that a court will look to the will to determine what will happen to the money. If your boyfriend did not leave a will, the assets will pass through intestacy and your children will likely end up with most if not all of the...

While it is certainly unfair for your husband to recognize the discount in his commission despite another salesman actually making the sale to which the discount applied, whether this is "legal" would likely depend on the employment agreement your husband has with the company. The employment agreement should detail how the commission is figured and would likely give you guidance as to how a situation like this should be handled. The company's general policies may also be relevant. However, this...

I agree that the criminal activity is the most likely way to achieve a "quick" eviction, and you could likely pursue the marijuana smoking as another criminal activity. If you have a lease, there may be terms in the lease that have been violated by the tenant that would offer alternative "outs." However, these would likely require you to give the tenant notice and an opportunity to cure the defaults. You may want to discuss the lease terms and criminal activitiy with an attorney. I think you...

Whether you have a case for breach of contract depends on the nature of your proposal and the nature of the publisher's response to your proposal. A contract requires an offer and acceptance. The proposal would likely be deemed an offer to contract if it included the terms necessary to define the contract. This would depend on your specific circumstances, but would include information detailing who the contract is between, what the the subject matter of the contract is, and likely the payment...

I assume the merger included all assets and liabilities of the "abandoned" firm. The firm does not necessarily need to dissolve. However, it "should" be dissolved if it no longer has a purpose by filing a notice of dissolution with the secretary of state. (Though because the secretary of state charges for this filing, I can see why many entities do not comply.)

Does it ask for a 60 day notice or does it require a 60 day notice? If it requires a 60 day notice and you signed it, it is very likely "legal" in the sense that your failure to provide the 60 day notice would be an actionable breach of contract.

The literal answer to your question is that you can sue anyone for anything. However, to have chance at success and avoid penalties for filing a frivolous lawsuit, you must generally have a claim to damages. Accordingly, you cannot (successfully) sue your employer for breaching another employee's right to privacy, because you were not injured by the breach (if the breach even exists).

I agree the deposit forfeiture clause would not likely be upheld. However, if there were specific circumstances that you discussed with the tenant as a reason for the forfeiture clause, there is a chance that it could be upheld. An attorney would need additional information to be able to advise you on the risk that the clause would be invalidated. However, the risk for failing to properly account for and return a deposit is significant. You should consider any damages carefully before...

It appears based on the available information that you would only be required to pay one month's rent in order to break the lease so long as you gave 30 days notice to your landlord. So if you plan to move out July 1, you would have to give notice by June 1 and pay for the months of June and July (less $5) in order to break the lease. In essence, you are only responsible to pay one additional month, but you must still give thirty days notice. However, without confirming the notice requirement...

The answer depends on what you agreed to do for them in exchange for the sponsorship. If you expressly agreed to continue working for them until after the pageant in exchange for the dress, you would very likely be obligated to return the dress or repay the value of the dress if you breached that contract. If you did not agree to do so, you may still be liable. It would likely be implied in any sponsorship contract (including a verbal contract) that you would go through with the event in...