Trying to take a business to small claims and have no idea what I am doing and would like some help but don't know where to look. I can definitely pay for the time. Anybody know where I can look?
There are some good resources available online.
1. Everybody's Guide to Small Claims Court, Includes tips by former judges!, by Ralph Warner, Attorney, March 2012, 14th, Edition,
2. An Introduction to Small Claims Court, by the Washington Courts,
3. Small Claims Court in Washington State, August 2011, by Northwest Justice Project
4. King County Small Claims Court website
I am a principal at an Internet company in WA state. My question is in regards to WA state law regarding spam as compared to the federal CAN SPAM act. Which law would take precedence? The SPAM condition is very bad and it is costing a great de...
The question of whether the state CAN-SPAM act is pre-empted by federal law is a complicated legal issue. There is no clear answer yet. Three federal courts have held that pre-emption applies, at least in part. The federal ninth circuit has ruled that one provision of the Washington law is pre-empted by federal law. See Gordon v. Virtumundo, 575 F.3d 1040 (9th Cir. 2009). Whether other provisions are pre-empted is not clear. The court in Gordon invited the state of Washington to amend its statute to conform to federal law which suggests that there is no blanket pre-emption.
I have defended a CAN-SPAM case. They are hard to win. The plaintiff settled with a few defendants, but was eventually forced to dismiss its claims. If you do decide to sue, be prepared for an expensive fight.See question
After I left my ex, he installed remote access programs to monitor my online activities. I know this for a fact, because he then went on to publish his findings of my online activities in a relationship related forum... and openly admitted to doi...
Yes his actions violate several federal and state laws. You can file a police report. But most of the time police will not pursue this type of crime. At best they might go and talk with him.
These types of cases are surprisingly hard to prove. He may claim that that was not him, it was someone posing as him. Or that he did post it, but someone sent him the information anonymously.
If you can show you were harmed, you may also have a civil case against him. Again though it would be difficult to prove, and likely not worth the money to pursue it.
You refer to him as your ex. If you were recently divorced, your most practical solution may be to talk to your divorce attorney. If you did not use one, now might be a good time to find one. A family law judge has broad discretion in taking action and might find his behavior very offensive.See question
There is NO audio, it is only a motion-activated camera and it is clearly visible from the street. It points only to the front steps and porch. It was installed because there was a rash of mail theft on our street. Do I need to post any sign or ...
In Washington it is illegal to audio record a private conversation without the permission of everyone being recorded (RCW 9.73 Privacy, Violating Right of). But there must be some expectation of privacy. Unless you have an unusual physical setup, there is no expectation of privacy on your open front steps and porch.
Unlike audio taping, there is not a lot of law on video taping. I would expect courts would probably apply a similar standard to video as is applied to audio. Since the front steps and porch belong to you and are open, there is no expectation of privacy. So there should not be a problem with video taping.See question
Couple A co-signs a lease for Married Couple B Couple B refuses to pay rent, so Couple A pays most of rent for 5 months Finally Apt complex suggests a break lease agreement and is signed by both parties of couple A and one party of married...
May I introduce a little common sense, even if you don’t want to hear it. If you have a potential liability of $13,000, you really should spend the money to hire an attorney. And if you had spent the money to hire an attorney in the first place, you probably would not be in this mess now.See question
My husband and I recently had a very bad experience consulting with a bankruptcy attorney. He was so rude during our consultation that I felt compelled to share my experience with others and wrote a review in a couple of websites. I was not disres...
Your question raises several issues. Can you be sued? Yes, of course he can sue you for defamation and related legal issues. Will he win? Maybe, but probably not. Truth is a complete defense to a defamation lawsuit. But you must still convince a judge that your version of the truth is in fact true. And you must defend yourself in a lawsuit, which can be costly.
If he does come after you, you may have a defense based on Anti-Slapp law (in Washington see RCW 4.24.525). The law allows you to file a special motion to strike any claim against you that is based on your public statements about an issue of public concern. If a court rules in your favor, it will dismiss the plaintiff's case early in the litigation and award you attorneys' fees, litigation costs, and ten thousand dollars in damages. You could mention this to him or ask your own attorney about this defense.
You might try to mediate your dispute with him. Offer to explain to him why you felt so strongly and offer to help him improve his office demeanor. You can offer to post a more friendly review if he seems receptive to your concerns.
This website, AVVO offers an excellent free one hour web based seminar for attorneys on how to react to negative reviews. Threatening to sue the client is not recommend. He should take that seminar.See question
I was selling an item on eBay that I had purchased in bulk form China. I had my listing removed for a copyright violation and now I received a certified letter from Arctic Brand Assurance who represents the company asking for $2000, the rest of m...
I agree with the previous answer that this is a complicated area of law. this is a serious matter, they are threatening you with a lawsuit. You really should consult an attorney.
I am adding this answer to point out that there was a major change in the law recently, see Kirtsaeng v. John Wiley & Sons, Inc., ___ U.S. ___, 133 S.Ct. 1351, 1358, 185 L.Ed.2d 392 (2013)., which ruled that some grey market goods do not infringe on the owner's copyrights. So you may not be liable at all.
But there is no substitute for talking to an experienced attorney in this area, such as myself.See question
I am currently waiting for a video game design independent company to get back to me about the contract they have put up. They are currently going through a Lawyer to set up the contract so that no one will get ripped off. I want a lawyer to loo...
You are wise to have the contract reviewed by an attorney. There are plenty of attorneys in the Seattle area, including myself, who could help you. I have worked with several teenagers who are still living with their parents. If you are eighteen or older, it does not matter at all from a legal standpoint who you live with. If you are suggesting that you are short on funds, then yes lawyers cost money. How much is your artwork worth to you? It should be worth spending a little money on an attorney. There are plenty of older artists out there who probably wish they had spoken to an attorney before signing a contract. Congratulations on having someone interested in your art work and good luck with your project.See question
It is for a poster that will show the city names of where teams play/are located and it is to be sold for a commercial profit in the UK. Would it also be possible to have the name of the city in the same colour that the team plays in (e....
Probably not. But you need to ask a UK attorney, not a U.S. attorney.See question
I created an art piece and was asked to send it as they were creating a book and would possible include my piece. I sent it and then it came back with no note or anything so I figured it was not going to be used. That was 2007. In 2011 Gourd and F...
If you are the author (creator) of the work, then you own the copyright. You have total control over who distributes it and who makes copies. The publisher needs your permission to put a picture of your work in the book.
There is a question of fact as to whether you gave permission with your original submission. You will need to talk to an attorney about this.
Did you register your work with the Copyright Office before the book was published? If you did then if you did not give permission you could sue for statutory damages up to $150,000 per infringement (and possibly every copy of the book would be considered a separate infringement). You can also obtain attorneys fees. You would probably not want to sue and you would probably not have to. You would have considerable bargaining power to work out a deal with the publishers.
If you did not register your work with the Copyright Office before the book was published, you can only sue for your actual damages. Again this is a fact question, but I doubt the damages would be more than a few hundred dollars. You would be in a very weak position with the publisher. You might be able to get them to at least give you credit if they reprint the book.
You can see why it is important to register the copyright in your works with the U.S. Copyright office.See question