Matthew Joseph Kading’s Answers

Matthew Joseph Kading

Phoenix Litigation Lawyer.

Contributor Level 7
  1. When is it a good time to send out a litigation hold?

    Answered over 1 year ago.

    1. Matthew Joseph Kading
    2. Alexander Mchenry Memmen
    3. Constantine D. Buzunis
    3 lawyer answers

    The short answers to your three questions are: (1) generally speaking, it does not get filed with the court, as it is a self-imposed action a business must take under certain circumstances. A party, may however, move for court order requiring such a hold if the business that is the subject or party to the litigation is non-compliant regarding this self-imposed duty to protect business records (see below); (2) Yes, in the sense that if the company that is the subject of such a hold request or...

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  2. What can i do if i noticed an unlawful investigation that has been going on awhile now to where i think people have been bribe?

    Answered over 1 year ago.

    1. Alexander M. Ivakhnenko
    2. Matthew Joseph Kading
    3. Patrick Owen Earl
    3 lawyer answers

    If I understand you correctly, and forgive me if I'm incorrect, you believe or know the following: (1) You believe yourself to be under investigation by the police; (2) You believe the police are bribing various individuals, including friends and family members to (3) convince you to engage in acts that are either criminal in nature or could otherwise be used against you in some form, (4) You believe that some people you've cared for or helped might be private investigators, (5) your...

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  3. I was sue for patent infringement.. Patent was proved invalid. No resources to fight, how should I prepare to represent self?

    Answered almost 2 years ago.

    1. Matthew Joseph Kading
    2. Bruce E. Burdick
    3. Konrad V. Sherinian
    4. Kevin Mark Jones
    4 lawyer answers

    Short Answer: You can't do it alone. I don't think it's necessary for me to outline the basics of design patent litigation or even touch on the subject. Unless you make defending this action this your full-time career and hire a couple of assistants well-versed in the intricacies of patent litigation, you're in for a trip down that famous creek w/o a paddle. Coming to this website is a fair start, but litigation is thought and labor intensive, especially if the plaintiff has retained the...

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  4. What are some common technical errors that attorneys will use to dismiss a pro SE litigants case ?

    Answered over 1 year ago.

    1. Matthew Joseph Kading
    2. Constantine D. Buzunis
    3. Alexander Mchenry Memmen
    4. Rixon Charles Rafter III
    4 lawyer answers

    Like my colleagues, I believe that pro se plaintiffs are, generally speaking, up that proverbial creek without a paddle (unless you are litigating this matter in some form of small claims or justice court). Regardless, if you are facing a well prepared and experienced family law litigator, the number of valid and reasonable technical objections, motions to compel, motions to exclude, motions to dismiss, other types of dispositive motions like the dreaded 12(b)(6) motion for failure to...

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  5. Is there an affordable way to protect intellectual property (for inventions/new products)?

    Answered over 1 year ago.

    1. Richard Straussman
    2. Frank Anthony Natoli
    3. Andrew Endicott Schrafel
    4. Maurice N Ross
    5. Matthew Joseph Kading
    6. ···
    8 lawyer answers

    Unfortunately, as my colleagues have pointed out, that is not the current state of the law--it has not been that way for nearly a half-century. While your inventions may be fantastic, you're ideas on raising capital to patent those inventions are misinformed and could lead you or others down that infamous creek w/o the proverbial paddle. I practice primarily in the area of IP litigation and this idea is rife with opportunities for those less honest and trustworthy than the majority of us....

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  6. Can the dealership ask for the new car back after signed paperwork and I traded in my used car?

    Answered almost 2 years ago.

    1. Matthew Joseph Kading
    2. Maurice N Ross
    2 lawyer answers

    I'm sorry, but I think you need to further clarify what has taken place. For example, the header says, "signed paperwork" but your question says that "[the] deal was not finalize [sic]". Additionally, I think that you may want to post this under a different practice area, this area is for antitrust questions. It sounds-at least from the limited information you've provided-that you might be better served posting a more complete question in contract law, UCC or any of a number of areas that...

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  7. Can I sue an ex-boyfriend for abuse?

    Answered about 1 year ago.

    1. Jacob Brian Smith
    2. Patrick Owen Earl
    3. Matthew Joseph Kading
    4. Jeremy Wayne Sackett
    4 lawyer answers

    The short answer to your question: Yes, you can sue your ex under different types of intentional torts depending on the type of abuse you suffered--mental, emotional, physical, etc. It would, however, be irresponsible for me to attempt to answer the specifics of your question without additional facts--i.e. the specifics of your situation. Generally speaking, there exists a cause of action for intentional infliction of emotional distress in most states. Your ex must have, by extreme and...

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  8. I got a call from my university's IT saying they had been contacted by a company claiming I received copyrighted material.

    Answered over 1 year ago.

    1. Matthew Joseph Kading
    2. Daniel Nathan Ballard
    3. Maurice N Ross
    4. Bruce E. Burdick
    4 lawyer answers

    This is a complex set of facts and, from the information you've provided, I would strongly suggest that you contact an attorney in your area that is familiar with these issues--i.e., an experienced IP litigator with experience in © infringement. and possibly an education lawyer With the understanding that you maintain this was a result of a "root kit" and/or computer virus, (my understanding of a "rootkit" is it is a stealthy type of software, often malicious, designed to hide the...

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  9. Can i use site's logos in an app?

    Answered over 1 year ago.

    1. Matthew Joseph Kading
    2. Frank Anthony Natoli
    3. L. Maxwell Taylor
    4. Daniel Nathan Ballard
    5. Bruce E. Burdick
    5 lawyer answers

    If you used the logos in your commercially available app, without the mark owner's permission or license, a deeper analysis is required. Logos are protected by U.S. trademark law, not copyright, and fair use of a trademark is not the same as fair use of copyrighted work. The reasoning behind fair use in either instance, however, is similar as it protects a fundamental right of free expression. Fair use allows the use of a logo without seeking permission from the trademark owner, but only under...

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  10. Can text messages be used as proof in a civil suit to collect a debt ?

    Answered over 1 year ago.

    1. Matthew Joseph Kading
    2. Jeffrey Ira Schwimmer
    2 lawyer answers

    As with all evidence, the key here is authentication. Here’s the basic rule: Before you can introduce a writing into evidence (including a text message), you have to make a preliminary showing of relevance to the issues to be decided in the action. This usually entails authenticating the writing, i.e., proving that it was made or signed by its purported maker. How do you authenticate a text message? Don’t be thrown by the new technology, it’s the same as with other writings under the rules...

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