Submit Your Bid | Q00070

Trusted Contract Lawyers

© 2019, ContractsCounsel, Inc.

Disclaimer: ContractsCounsel is not a law firm and does not provide any kind of legal opinions, advice, or recommendations.  The relationship between users and ContractsCounsel are not protected as attorney-client privilege or as legal work product.  All relationships between business users and the independent lawyers featured on this website will be governed by the individual engagement letters provided by each lawyer.    Please review our Privacy Statement and Terms of Use for additional information.

  • Facebook
  • Twitter
  • Instagram

Bid Page For Contract Lawyers

Contract Project Details

Dispute Resolution Project

Q00070

Contract Type:

Service Type:

Desired Deadline:

Asset Purchase Agreement

Dispute Resolution

Week

Experience Requested Level:

Intermediate

Subject Matter:

Acquisitions

Jurisdiction:

OH

Page(s) (if known):

TBD

Description:

Please feel free to put in an hourly fee for this one. We have a client that wants someone to help formulate a legal argument and find a lawyer in Ohio to file for him.

See below:

"I am seeking a compelling, irrefutable legal argument that Company A is not at all responsible for the stipulations in Individual A of the attached agreement.
The agreement with a party was prepared by an associate as part of a failed attempt to acquire Company B, a member run co-op, for which we provided management services.
The president of the co-op and another board member subsequently assumed control of Company B, including very valuable source code I wanted, and responsibility for fulfilling this agreement. They didn’t keep any of their documented commitments to the co-op members nor pay Individual B as agreed.
The matter resurfaced last summer when a contingency lawyer filed against me and Company A in Ohio while I was medically incapacitated. I didn’t – couldn’t respond so the attorney filed for a default judgement. By then I was able to respond for myself and Company A and after I did the Court denied the default judgement.
Individual A’s attorney has now asked the court to reconsider the default judgement against Company A because an attorney didn’t respond to the complaint as is required for businesses in Ohio.
I want to augment Company A’s original response to the complaint with the argument I noted above, and find an attorney in Ohio to try and file it, noting that I didn’t know it had to be filed by an attorney. In Pennsylvania, an individual can file Pro se.
And if Individual A still gets a default judgement against Company A we’ll be better to prepared when they try and collect in Pennsylvania.
This is a stupid, sordid mess but I need to deal with it. If they had filed in Pennsylvania as the agreement notes, it could have been easily dealt with.
Neither Company A nor any of the other organizations nor Individual C were responsible for “Schedule A.” Just I was. And when I couldn’t acquire Company B, I made sure those that those that did assumed responsibility for paying Individual A.
Company A and the other organizations and Individual C were noted only because of paragraph 6, so that they would not be attacked, primarily on the internet as they had experienced and Individual A frequently threatened.
The last paragraph, paragraph 10, says it all: “Both parties…” There were only two parties to this agreement, me and Individual A. I was trying to takeover Company A, I certainly didn’t have the authority to sign for it or any of the other organizations or Individual C.
Late the prior year Company B had unsuccessfully filed for bankruptcy. My name wasn’t on any of the documents let alone did I have the authority to sign anything. Then and now Company A has other major stockholders."

Enter your bid below: