Lawsuit filed against Milwaukee Wave, team CEO Sue Black

MILWAUKEE (WITI) — FOX6 News has learned the Milwaukee Wave, and Milwaukee Wave CEO/Owner Sue Black are being sued. The lawsuit alleges Black and the Wave have failed to repay two loans, and have failed to pay invoices for promotional merchandise.

The plaintiffs in this case, bringing the suit are Thomas Phillips of Caledonia and A&J Promotions of Franklin.

A copy of the lawsuit says shortly after Black became the Wave’s owner, she borrowed $200,000 from Phillips to help her fund the business.

The two entered into a promissory note on March 9th, 2013, memorializing the terms of this loan.

Under the promissory note, Black agreed to repay Phillips the entire principal balance of $200,000, plus all accrued interest (at an interest rate of 6% per year), by March 13th of 2014.

The promissory note said Black could prepay without penalty, but said partial prepayments should be applied to the principal in the inverse order of maturity and should not delay due dates or change the amount of remaining payments until the note is paid in full.

Finally, the promissory note provided that Black agree to pay all costs and expenses of collection should she default on obligations to repay.

The lawsuit says Black made one payment to Phillips under the promissory note by wire transfer on August 2nd of 2013 — in the amount of $100,000.

The lawsuit says Black has failed to make any additional payments.

Black currently owes a total of $8,236.44 in interest to Phillips, according to the lawsuit.

The lawsuit says interest is continuing to accumulate at the daily rate of $16.44 on the outstanding principal balance of $100,000. Black owes this remaining $100,000 in principal and any accrued interest by March 13th, 2014.

The lawsuit indicates Black is required to make quarterly interest payments to Phillips, but has failed to do so. Additionally, the lawsuit says Black has failed to give reasonable assurances as to how and when she will pay the remaining principal and interest amounts owed.

In addition to amounts owed by Black, the lawsuit claims the Milwaukee Wave also owes money to Phillips and his company, A&J Promotions.

The lawsuit says Phillips made a short-term loan to the Wave on December 2nd, 2013 in order to assist them in making payroll for the month. The lawsuit says Black, on behalf of the Wave, agreed to repay this loan.

According to the lawsuit, Black has refused to cause the Wave to repay the $10,000 loan and has failed to give reasonable assurances as to how and when the loan will be repaid.

The lawsuit says additional money is owed to Phillips and A&J Promotions from the Wave for purchases or merchandise from A&J made between December 4th of 2013 and January 17th of 2014.

Per the terms of the invoices sent from A&J Promotions to the Wave, payment was due 30 days from the invoice date, according to the lawsuit.

The lawsuit says promotional merchandise sold to the Wave by A&J Promotions was sold at Wave games between December 4th, 2013 and January 17th, 2014 — paid for by customers at Wave games by credit card (via a “Square” account using a credit card reader and an iPad), and also via cash and check.

The lawsuit says that despite taking in “significant amounts” in the form of cash and checks, the Wave has failed to pay A&J for the promotional merchandise.

The lawsuit says from January 17th, 2014 to present, promotional merchandise from A&J continues to be sold and/or given away by the Wave.

The total outstanding balance for unpaid invoices due to A&J is $42,701.63.

The lawsuit brings six counts, including:

• Breach of contract against Sue Black – due to failure to make quarterly interest payments to Phillips on the $200,000 loan
• unjust enrichment against Sue Black - due to failure to make quarterly interest payments to Phillips on the $200,000 loan
• breach of contract against the Milwaukee Wave – due to failure to pay unpaid invoices for promotional merchandise
• unjust enrichment against the Milwaukee Wave - due to failure to pay unpaid invoices for promotional merchandise
• breach of contract against the Milwaukee Wave – due to failure to repay $10,000 loan
• unjust enrichment against the Milwaukee Wave - due to failure to repay $10,000 loan

Originally posted on fox6now.com

Student's lawsuit against parents for support loses first round in court

(CNN) -- A high school senior's lawsuit against her mother and father for financial support and college tuition hit a hurdle Tuesday when a New Jersey judge denied the teenager's request for immediate financial assistance from the parents.

Rachel Canning, 18, alleges in her lawsuit that her parents forced her out of their Lincoln Park, New Jersey home, and that she is unable to support herself financially. The lawsuit asks that her parents pay the remaining tuition for her last semester at her private high school, pay her current living and transportation expenses, commit to paying her college tuition and pay her legal fees for the suit she filed against her parents.

Her parents say she left home because she didn't want to obey their rules.
Teen suing parents for college tuition

Judge Peter Bogaard denied the request for high school tuition and current living expenses at a hearing Tuesday in New Jersey State Superior Court. Another hearing will be held in April on other issues in the suit, including whether Canning left home of her own accord, the judge said.

Canning, an honor student and cheerleader at Morris Catholic High School in Denville, says in court documents she had to leave her parents' home because of emotional and psychological mistreatment, alleging, among other things, that her mother called her "fat" and "porky" and that her father threatened to beat her.

"I have been subjected to severe verbal and physical abuse by my mother and father," Canning wrote in a court certification. "I am not willingly and voluntarily leaving a reasonable situation at home to make my own decisions. I had to leave to end the abuse."

Canning left her parents' home at the end of last October. After spending two nights at her boyfriend's home, she moved into the home of her friend in a nearby town, where she has been staying ever since, according to court documents written by the parents' attorney.

Fair or outrageous? New Jersey teen sues her parents to pay up for college

Canning seeks a court's official declaration that she is unemancipated, meaning her parents would still be required to support her financially. She also is suing to reimburse her friend's parents, John and Amy Inglesino, for legal fees that they have been paying since the lawsuit was initiated, according to the suit.

Canning's parents, Sean and Elizabeth Canning, claim that allegations of abuse are completely unfounded.

"We were always her support team, cheering her on or defending her whenever she had a problem," wrote Elizabeth Canning in a court certification. She claims that her daughter was never forced out of the family's home, but rather "took it upon herself to run away so that she could live her life without any parental supervision and without any rules."

Canning was suspended from school for truancy last October, according to court documents filed by her parents' attorney, Laurie Rush-Masuret. Her parents told the teen that she could no longer see her boyfriend, who was also suspended from school. Car and phone privileges were also taken away. Once she learned of the punishment, Canning cut school again and then decided to run away, her father said in court documents.

Once she left home, her parents notified Morris Catholic High School that they would no longer pay for their daughter's tuition, the documents state.

"They stopped paying my high school tuition to punish the school and me, and have redirected my college fund indicating their refusal to afford me an education," Rachel Canning stated in court documents.

The situation around the teen and her family initiated an investigation by New Jersey's Division of Child Protection and Permanency (DCPP), which received allegations that Rachel was being abused. The teen wrote in court documents that her school contacted the state agency.

When DCPP staffers interviewed the teen, her parents, and her two younger sisters, they ultimately "determined that allegation of emotional abuse was unfounded," a letter from DCPP states.

Sean Canning, a retired Lincoln Park police chief and current business administrator for the town of Mount Olive, told CNN affiliate WCBS that he and his wife are "distraught."

"We're being sued by our child. I'm dumbfounded. So is my wife. So are my other daughters," he said. "Living in our house, there's very few things. There's minor chores, there's curfews. When I say curfew, it's usually after 11 o'clock at night."

Sean Canning wrote in court documents that the Inglesinos, for taking in his daughter, had "enabled the situation to an absurd level. Under the guise of good intentions, they have arrogantly placed themselves in our stead and operated under the belief that their parenting style is superior to our own."

CNN's attempts to reach John or Amy Inglesino were unsuccessful.

Stephanie Frangos Hagan, a family law attorney and New Jersey State Bar Association family law officer, said to her knowledge, a case like this is unprecedented.

read full new story at www.cnn.com

Some CA businesses get legal protection from toxic-warning lawsuits

Gov. Jerry Brown on Saturday signed a bill that will protect certain businesses from what he once called “frivolous shake-down” lawsuits over Proposition 65, the voter-approved California law that requires companies to post warning signs or labels when they expose customers to certain chemicals that cause cancer or birth defects.

Prop. 65 does not prohibit companies from using what has become a very long list of harmful chemicals, except for adding them to drinking water. But it does require companies with 10 or more employees to post warning labels of certain sizes and in certain places when customers are exposed to named substances above a certain limit.

Read full story at http://blog.sfgate.com/pender/2013/10/07/some-ca-businesses-get-legal-protection-from-toxic-warning-lawsuits/

Importance of Attorneys in Lawsuits

An attorney is most sought after person when an individual or person is faced with legal action or a lawsuit against him. But besides representing their clients in lawsuits, the attorneys or lawyers also perform various other tasks. The attorney who has experience in handling lawsuits has to first study the lawsuit in detail and understands the case from their client’s point of view. An attorney has to form a strategy to win the judgment of the lawsuit in favor of their clients. Based on the nature of the lawsuit, be it intellectual right violation, employee rights, personal injury and much more, the attorney has to form strategies based on lawsuit. An experience attorney will be well aware of how to draft the lawsuit and documents that are necessary for drafting of lawsuit. The attorney also has to prepare a list of questions that he/she will ask to the opposite party’s witnesses during cross examination.

There is also a phase when attorneys have to negotiate with other party. An expert attorney will always try to get the best deal for his/her client during negotiation. The attorneys also play crucial role in making appeals. If an individual wins or loses the lawsuit, he/she has to right to appeal in the appellate court. An attorney is the right man to draft pleadings in the appellate courts.

Cash Advances in Personal Injuries Lawsuit

The success in any personal injury lawsuit is a satisfying moment in the life of a plaintiff as he/she gets due compensation for the injuries, stress, lost wages caused due to accident. But it might take the plaintiff to wait for a very long time to get suitably compensated in the personal injury lawsuit involving accident and hence he can feel the need for finances to make the ends meet. The accident is a painful, agonizing and stressful situation for the victims as they are unable to work, travel, and have to undergo surgeries and medical tests, pay hefty medical bills, visit hospitals, and carry out other routine activities. Cash advance in the form of lawsuit funding can help victims alleviate some of the problems. Cash advance are not ‘loans’ and does not have any bearing on the outcome of the case. Thus, some amount received in advance can help the victim sustain himself/herself properly even if they are not earning anything due to injuries.

In order to apply for the cash advance in personal injury lawsuit, the victim must the plaintiff. He/She should appoint a lawyer who will negotiate with the third party providing the cash advance to the victim. 

Different aspects of Product Liability lawsuit

The manufacturers of different products have to ensure that when their consumers use one of their marketed products, it is safe and does not cause any harm to its users. When any consumers gets harmed or injured due to use of certain product, then the consumers has the right to take action and demand compensation from manufacturers, vendors, or designers of the product. The consumers can file a product liability lawsuit to get suitable compensation for the injury or harm caused due to defective or harmful product. Consumer protection is a major tool to get compensation under product liability lawsuit.

When a plaintiff decides to file a lawsuit for product liability, his claims are broadly categorized into four theories: Breach of Warranty, Negligence, Misrepresentation, and strict tort liability.

Under the breach of warranty concept, a lawsuit can be filed against the manufacturer if his product fails the warranty and does not ensure proper quality and functioning of product. The manufacturer must provide warranty for their product and comply with all the warranties at the time of selling or product.

Under the negligence concept, a lawsuit can be filed against the manufacturer for negligence when the product designed, manufactured or sold by them causes injury or harm to person due to negligence during production.

Consumers can file lawsuit against the manufacturers under misrepresentation category when they say that they bought the product due to representation that gave false security about the product.

Lawsuits can be filed against the manufacturers under strict tort liability category when the plaintiff is harmed due to their closer presence to the defective product.


Related read:
What is Appeal in Lawsuit?
What is Trial and judgment in Lawsuit?
The progress of a lawsuit
Steps Involved in Civil Rights Lawsuit

Understanding Product Liability Lawsuit

Normally consumers purchase any product from shops, malls, department stores and other places assuming that it will be safe to use or consume. But at times the product turns out to be defective and leads to causing injury to the person using it. In such situation, the person should be aware of the product liability laws to file a lawsuit against the manufacturer or owner for selling defective products.

Product liability law was formulated to help consumer protect their rights and file a lawsuit demanding adequate compensation for injury due to a faulty product. The consumers who have got injured due to consumption or use of defective or faulty products can rightly demand compensation through product liability lawsuit. A product liability lawsuit can be categorized mainly into three types: manufacturer’s defect, design defect and failure by manufacturer to give warning about dangers posed by the product.

A person can sue the manufacturer through manufacturer’s defect lawsuit and this lawsuit deals with products that come out of manufacturer’s factory. A design defect lawsuit is related to injury or harm due to defective design of the product itself. The third product liability lawsuit involves injuries or harms happened due to failure of manufacturer to warn the consumers about the risks and dangers that the product poses. A manufacturer can warn the consumers by way of printing directions, precautions to be taken, instructions, warnings and more on the package.

If a person gets an injury by using a defective product due to any of the three types, he/she must file a product liability claim to get appropriate compensation for the injury. The person must be able to prove that the product is defective after filing the lawsuit. Once the consumer has decided to file a product liability lawsuit, he/she must contact an experienced and knowledgeable lawyer to represent him. Product liability lawsuit can be complex and can take long time to settle. An experienced attorney is required to present the lawsuit as the person will be filing a case against a top brand or company who might be represented by some established defense attorneys.

 You can also read my other blog post by simply visiting : Worker’s Compensation Insurance to protect against lawsuit