Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney. Thanks for your question. I'll be glad to assist you today.
First, if a judgment of dismissal was granted in the current action filed in NY, the you would have to either appeal the judgment OR file a motion for relief from the judgment under Rule 60 of the Federal Rules of Civil Procedure (http://www.law.cornell.edu/rules/frcp/rule_60).
Under the rule, a judgment can be set aside for fraud, mistake, inadvertence, or any other reason that would justify the judgment being voided.
This is not an easy task, but if you can prove that the judgment was obtained by fraud, then you would have a basis to seek its reversal.
If you can get the judgment voided, then you could file your motion to move the case to the proper venue.
BUT, since a judgment has already been entered with prejudice, you can't file a new case regarding the same causes of action without getting the judgment voided.
As for finding an attorney, the best site (in my opinion) is www.martindale.com. You can search for an attorney by area of practice and location. Once you go to the site, click on "Find a Lawyer or Law Firm" and then put in your search criteria and it will give you the contact information for attorneys that fit the profile.
Thanks for your question and please let me know if you have any additional questions.