Dear XXXXX Doe Deer,
Thank you for your response. I think the main reason I lost to a summary judgment is because my attorney of record was practicing out of his area of expertise, and he was going up against a heavy hitting law firm and further he failed to file at least two motions prior to the Defendants filing the Motion for Summary Judgment.
The two motions he failed to file, after I requested numerous times. One of the motions was a motion to compel, because the Defendants would not turn over requested Discovery and they further failed to produce discoverable documents. The other motion that should have been filed in District Court would have been a Motion to Recuse the law firm over a conflict of interest for filing misleading and false, and because it was over a material facts, could be purgerous written answers on the Defendants Admit Questions and Interrogatories. The law firm representing the Defendants had first hand knowledge that discoverable documents had been knowingly and wilfully destroyed.
My attorney then in his response to the motion for Summary Judgment failed to put material facts in his brief and he did not even quote any case laws, or Federal Regulations and Code when writing this brief. This attorney was just over his head and out of his area of practice, but in several attempts to find a labor attorney, their was either a conflict of interest, or I was to far into the case. So I lost. I even had 2 Supervisors and 2 Department Heads testifying on my behalf. So that is why I lost.
I appealed this Summary Judgment Order from the District Court to the Eighth Circuit Court of Appeals. I had to end up filing it "Pro Se", because after I lost Summary Judgment an attorney who had been in practice with my attorney of record during portions of my law suite called me and wanted to represent me in my appeal. He was aware of my case, and stated I should have won. So this attorney file the motion to appeal to the Eighth Circuit.
Now this attorney had no intentions on writing the appeal brief to the Eighth Circuit. He just wanted to see if the Defendants would make a quick cash settlement prior to the Appeal Brief being filed. Well the Defendants law firm, like I said was heavy hitters, and so no settlement could be reached. Now this attorney sent me a letter two weeks prior to the Appeal Brief being filed, which stated he was no longer going to represent me and that I needed to find another attorney. He also sent the Motion to Withdraw that he filed with the Eighth Circuit.
I did have enough time to find another attorney, or law firm that would represent me on such short notice, so I had to file it "Pro Se". I followed the rules of the Eighth Circuit and filed my Appeal Brief and Appendixes as well as my Response Brief to the Defendants Reply Brief. I further made motions to the Eighth Circuit for a Motion to Compel Discovery and Documents as well as made a Motion to Recuse the Defense law firm based on a conflict of interest in purgerous statements they allow in. The Appeal Brief itself was filed on ADA, FMLA, and Retaliation Claims.
The Eighth Circuit ruled on my case, but only on my FMLA claims and not the ADA, or the Retaliation violations. The ruled in favor of the District Courts ruling for Summary Judgment base on FMLA. Their ruling was not even a half of a page that was doubled spaced.
I was told by someone on the inside, that if I was to file Discrimination and Harassment following Federal Labor Laws, I could win. But I don't know if I can do that now, because of Statue of Limitation may have run out. I got my Right to Sue from the EEOC and MO Dept. of Labor if memory serves without looking at my paperwork back in May of 2008.
I know I could make a complaint on these two lawyers and this law firm with the Chief Disciplinary Council, but because I feel they committed legal malpractice, do I have a case on them? I don't know? I don't think that a law firm can knowingly file false and misleading answers on Admit Questions and Interogatories.
I would love to send you all this especially my Appeal Brief's and Motions I filed with the Eighth Circuit Court of Appeals. You will be able to see with the supporting evidence documents that I had, nearly 70, that this case had materal facts and was not just a matter of law.
Thank you for you time. I hope to hear back from you. JOHN