When you sign a non-disparagement agreement in a settlement on a law suit, how can it be broken legally? What would one have to show

Question

When you sign a non-disparagement agreement in a settlement on a law suit, how can it be broken legally? What would one have to show

Answer

Breaking an agreement "legally," i.e., so that you either won't be sued for breach of contract or, if you are sued, you'll win, generally requires finding some technical defect in the agreement itself. There is a long list of possible grounds for breaking agreements, but, since most settlement-of-suit agreements are done by lawyers, finding one that really fits is a long shot.

Why do you want to "break" the agreement? Do you feel compelled to disparage the other party? Perhaps you have done so already, and are being accused of breach?

I'd think it better to abide by the agreement, or possibly negotiate for minor changes if warranted by changed circumstances, etc. If the agreement has been filed with a court and entered as part of a judgment, changes may be more difficult.

Answer

That's a loaded question. It really depends on the underlying facts, how disparagement is defined, and whether or not the person who makes a statement engages in constitutionally protected activity or not.

How long can you sore unleaded petrol in a Jerry can before it expires?

How long can you sore unleaded petrol in a Jerry can before it expires?
about a month in the winter. petrol takes rather long to expire however in a jerry can it kind of depends. it might last about 2 months, however feel free to correct me if im wrong.

Nov 2008 the hospital sued me for my medical bills. The Judge has taken the case under Advisement and it is still under advisement. How long...

Question

Nov 2008 the hospital sued me for my medical bills. The Judge has taken the case under Advisement and it is still under advisement. How long can this go on ??

Answer

Perhaps you'd better go down to the clerk's office to check the docket to see if he may have ruled and you didn't get notice. If he hasn't ruled, you can request a new judge.

i have custody of my kid and my boss wants to change my shift to afternoons to punish other workers and it would restrcit my childcare time....

Question

i have custody of my kid and my boss wants to change my shift to afternoons to punish other workers and it would restrcit my childcare time. do I have any recourse?

Answer

As a general rule and in absence of a promise (i.e., contract) to the contrary, an employer can change work hours at any time, without notice or reason. However, changing hours to "punish" employees may be illegal. It depends on what the employer is "punishing" workers for. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

What does synaster gates look like?

What does synaster gates look like?
synaster gates (aka brien elwin haner jr.) taller then m.shadows(matt sanders) but shorter then the rev (jimmy sullivan) has longish black hair which he either mouuses or puts in a burgabdy black hat. has approximately 35 tattoos, nose pierced, beautiful green eyes, just plain out ebautiful. i <3 him, and all u syn haterzz can get off this website! :)

The question concerns a recent article on AOL Real Estate. The article leads me to believe that the Homestead laws in South Carolina indicat...

Question

The question concerns a recent article on AOL Real Estate. The article leads me to believe that the Homestead laws in South Carolina indicate that a married couple must both sign the legal documents concerning a home mortgage. LawChek's website shows the above on the Homestead laws for South Carolina. The intent of the article is to show the possibility, in a foreclosure, that the bank cannot prevail. Since SC is a community state, do both spouses have to sign the documents? Thank you

Answer

I'm an attorney. I do not know what you read. I also am not sure exactly what you are referring to regarding any Homestead laws. That term is used in numerous fashions and in numerous laws. So maybe your wondering why I'm responding if I have so little knowledge.

Here's why. I've been an attorney for a long time. Like most attorneys, I hear things and have been asked about certain things that sound too.........to be true. I'm sure you know the rule, if its too.........to be true, it probably isn't.

I can pretty much guarantee you that is the answer to your question is in favor of the bank. The legal system has been around for many years......hundreds of years. Just about everything that could be tried has been tried. And that goes for lending laws. I respectfully submit that you either misread that article or it was incorrectly written. Simply put, if a mortgage isn't paid, the bank not only can prevail, it will.

This concept applies to just about every question I've ever been asked about the law, when it sounds too remarkable to be true.

On the other hand, if that article is right, then I'm going to go get married and immediately buy a house.

Take care.

Is ear piercing is an art?

Is ear piercing is an art?
Umm i would say so. You have to know where just to pierce on or in the ear or you might hit a nerve.Umm i would say so. You have to know where just to pierce on or in the ear or you might hit a nerve.