Ray Hrdlicka – Host – Attorneys.Media “Researching, of course, attorneys. And there’s lots of attorneys out there that talk about…that they focus on business, but it’s mostly on business formation. And, you know, the contracts ahead of time, the incorporation, LLC, sole prop(rietor), and the regulations to open up within a business, within an area, […]
Ray Hrdlicka – Host – Attorneys.Media “In twenty years, the person buys it. And so, he doesn’t have a claim against the existing neighbor. But does that new owner have a claim against the previous owner of his land?” Michael Campbell – Business Dispute Attorney – Pierce County, WA “Not usually. Sometimes, if the previous
Michael Campbell – Business Dispute Attorney – Pierce County, WA “The question is, there was an express warranty of a year in that case. And the question is, was there an implied warranty that actually extended beyond that year? There may have been. That’s what you’ll find out in court, if not, if you can’t
Michael Campbell – Business Dispute Attorney – Pierce County, WA “Well, mediation, on the other hand, is two parties sitting down with another party of or more, in some cases, to try to reach a fair agreement, one that they can both agree on again. They may both come out not completely satisfied, thinking that…
Ray Hrdlicka – Host – Attorneys.Media “I assume, one piece that we haven’t discussed yet regarding covenants not the compete, is the approach to, and the removal of clients from that old business to your new business? I assume that’s more enforceable.” Michael Campbell – Business Dispute Attorney – Pierce County, WA “Oh, yes, absolutely.
Ray Hrdlicka – Host – Attorneys.Media “But does the covenant not to compete, have more teeth, if that person goes into business for themselves, in competition with you?” Michael Campbell – Business Dispute Attorney – Pierce County, WA “I think it depends on all the circumstances. If a court looks at it and it says,
Ray Hrdlicka – Host – Attorneys.Media “When there’s a dispute like this, how do you trigger an attorney’s fee clause? Is it only contractually, or is there… In Washington State, are there statues that trigger attorney’s fees provisions?” Michael Campbell – Business Dispute Attorney – Pierce County, WA “Sometimes there are statutes that particularly provide
Ray Hrdlicka – Host – Attorneys.Media “Place an insurance policy on the car. When her insurance policy lapsed. That failure, does that mitigate their ability to proceed or diminish their claims?” Michael Campbell – Business Dispute Attorney – Pierce County, WA “It might. We’re going to certainly argue that in this case because of all
Michael Campbell – Business Dispute Attorney – Pierce County, WA “This brings me to another point. People have rights. They say, well, it’s my legal right. I have a right to do this. There’s no….no, you don’t have a right. They’re always talking about rights. But rights don’t mean anything if they can’t be enforced.”
Michael Campbell – Business Dispute Attorney – Pierce County, WA “But the arbitrator is a substitute for a judge, and the arbitrator will be able to issue, by virtue of their contract, any resolution of that contract that’s within his scope of authority.” Ray Hrdlicka – Host – Attorneys.Media “So that’s now a binding arbitration.
