David Blake Newdorf's Answers

What is the difference between "Pro per" and "Pro se"?

"Pro per" and "pro se" are both shortened Latin phrases meaning an individual acting as his or her own attorney in a lawsuit. Whatever the difference may have been to Ovid -- I never studied Latin -- there's no difference in court. It is simply a stylistic preference of the judge or lawyer or individual. The "Does" represent persons as yet unknown by plaintiff who may be responsible for the wrongdoing alleged in the complaint. If you've been sued, you just answer or respond on behalf of...

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Is a non-disclosure agreement binding if one one side has signed and the business relationship is never entered into?

In many circumstances -- and this may be one of them -- a contract that you signed can be enforced against you -- even if you don't have a signature from the other side. The bargain in a non-disclosure agreement is: I will provide you information if you agree not to disclose it. It sounds like the Company relied on the NDA that you signed in sending you information, some of which the Company may deem proprietary. You did not describe the information in detail, but if the the "marketing...

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Business Lawsuit

Any threats by the manufacturer would be as credible as a Disney fairy tale. Under the "first sale doctrine," a legitimate purchaser can resell an item without liability for trademark infringement or unfair competition. But that is not the only issue. If you resell these items on a website, you must be careful that you don't infringe Disney's copyright and trademark rights. Depending on how one uses protected material, one could be liable for infringement for using the characters' names and...

Can I pursue this claim without any statue of limitation?

There may still be time, but you'd better hurry. Your lawsuit for breach of a written partnership agreement and/or for an accounting must be filed within four years of the breach or dispute. Get to a business litigator pronto!

Statute of Limitations to Bring Lawsuit Against Municipality (City) for Breach of Contract

Most likely the suit would be barred. In California, one year is the maximum time after breach for filing a Government Claim under the Government Code. If the lawsuit seeks something besides a monetary recovery (such as return of property or specific performance), then no claim is required. And if there were some more recent breaches that occurred within 12 months before the Government Claim was filed, you still may be able to pursue those breaches, even though the earlier breaches would be...