Settlements (General)
How to Select a Trademark
The selection of a trademark is much more than a simple legal decision. In fact, this choice is founded more in the strategy of your business and where you hope to be within your industry in the future.
When choosing a mark, you should keep in mind the categories that your mark might fall into. Trademark attorneys will help determine which category fits your mark.
Generic marks
Generic marks cannot be registered with the United States Patent and Trademark Office. These marks are so common that use of the mark will not provide you or your company with any distinction within the market. Examples of generic trademarks include automobile, computer, and telephone.
If you are looking for a patent or trademark lawyer in the United States, reach out to Lawrence E. Evans by contacting him online today.
Construction Litigation
Construction law is complex, and contractors along with other construction industry professionals can be sued under various scenarios including:
- Construction defect claims by customers
- Design approval
- Payment disputes
- Reports to the contractor's license board
- Contractual warranty claims
- Insurance claims
When litigation is necessary, having an experienced and effective construction attorney can ensure your rights are protected. Sometimes litigation is unavoidable because of the complexity of construction projects and the potential for problems developing both during and after the project. Disputes can arise from situations such as:
- The scope of particular work
- Need for additional or extra work
- Costs associated with changes to a project
Alternatives to litigation
Many people prefer to avoid litigation and would rather find alternatives to resolving disputes. Avoiding litigation has many benefits including:
- Saving money/costs
- Avoid loss of profits
- Maintaining professional relationships
- Alternative Dispute Resolution. While litigation is an option, many construction disputes are resolved through alternative dispute resolution (ADR), such as arbitration and mediation. Arbitrations in construction disputes generally follow the construction arbitration rules of the American Arbitration Association. And construction arbitrations are held either before a single arbitrator or a three- arbitrator panel. Generally the terms and agreements within the construction contract determine the type of arbitration that decides the case.
- Proper planning to avoid disputes and litigation. As a preventive measure to avoid future problems and lawsuits, contractors and parties involved in construction projects should seek legal expertise in contract drafting and negotiation. Every contract and project presents its own set of unique needs and challenges, which should be considered before entering into an agreement. By anticipating each project’s needs and challenges, parties can establish contract clauses and agreements that clearly set out the terms and conditions.
Avoid litigation and talk to a professional
It is always less expensive to plan ahead and circumvent trouble than to dig yourself out of trouble when it rears its ugly head. Before entering into any construction project and contract, it is important to consult an experienced San Diego construction attorney who can protect your rights and help you avoid future legal issues. Taking the time to plan ahead saves you time, money, and the stress of legal disputes.
This article was provided by the San Diego construction lawyers at the Law Offices of Brian C. Andrews, Esq. For more information, contact them at there office located at 5755 Oberlin Drive, Suite 301, San Diego, CA 92121.
Post Judgment Relief
Before a judgment is obtained, creditors focus on prejudgment measures designed to prevent the debtor from concealing or disposing of assets that could potentially satisfy the outstanding debt. But after the judgment is obtained, the focus moves to determining what non-exempt assets the debtor has and how to effectively seize those assets to satisfy the judgment.
With respect to this post judgment collection process, there are many legal remedies available to a judgment creditor including the following:
- Judgment liens: liens that attach to any non-exempt real property owned by the judgment debtor in the county where it is filed.
- Writs of execution: the process by which the clerk of the court that rendered the judgment directs the sheriff or constable to seize all personal and real property and sell it as part of the execution sale at a public auction and apply the monetary proceeds to the judgment debt.
- Turnover orders: a statutory remedy in which a court orders a judgment debtor to turn over all non-exempt assets he or she owns to a sheriff or constable to satisfy a judgment. Also, a receiver can take possession of the property and sell it in order to pay the proceeds to the judgment creditor to satisfy the debt.
- Garnishment: a process that allows a judgment creditor to reach the assets of a debtor that is in the possession of a third party, such as a bank.
Consult a collections attorney today
Lawyers can assist creditors with every aspect of the debt collection process including post judgment discovery and relief in Texas. Clients who work closely with a team of Texas debt collection attorneys will understand all aspects of the complex debt collection process.
If you work at a business or financial institution in need of Arkansas, Tennessee or Texas debt collectors, the commercial collection law firm of Hosto, Buchan, Prater & Lawrence, PLLC can help.
What is the Jones Act?
Louisiana supports one of the largest Maritime industries in the United States. In the maritime industry, many of these people are employed to work on and aboard vessels of various types in Louisiana. These workers are entitled to take advantage of an unique body of law called the Merchant Marine Act of 1920, or the Jones Act. A lawsuit for a Jones Act seaman against his or her employer means a greater recovery of damages that may otherwise be unavailable under most other bodies of law.
Unlike nearly every other body of law, the Jones Acts allows an injured worker to sue his employer for the employer's or the co-employees negligence occurring during work. An employer has a duty to exercise care by providing a reasonably safe work environment, training about safety in the workplace, and by providing adequate equipment. The Jones Act allows an injured worker to sue his employer for:
- Pain and suffering
- Mental and emotional anguish
- Past lost wages
Unlike the workers' compensation scheme, which only allows for workers' compensation benefits, the Jones Act offers an injured employee a far greater scope for recovery. The Jones Act applies to employees who are injured in the service of a vessel or fleet of vessels, when they contribute to the mission of this vessel.
Under current law, a vessel includes, jack-up rigs, semi-submersible rigs, ships, drill barges, river casino's, tug boats, shrimp boats, fishing boats, trollers, tankers, crew boats, utility boats, offshore support vessels, and water taxies. If the injured worker is working aboard one of these vessels, and their work contributes, in any way, to the overall mission of that vessel, then they are entitled to sue their employers and/or co-employees for injuries resulting from their negligence.
In addition to workers injured aboard vessels, people who spend more then 30% of their time aboard an identifiable vessel or fleet of vessels, may qualify as a Jones Act seaman, even if they were hurt while on land or while traveling to work aboard these vessels. A Jones Act seaman does not lose his status as a seaman, simply because he was injured on land.
Gaar Law Firm, Jones Act Attorneys
617 S. Buchanan Street, PO Box 2053
Lafayette, Louisiana 70501
800-553-2352
