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Roger
Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 25988
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I need to find a lawyer for a copyright infringement case,

Resolved Question:

I need to find a lawyer for a copyright infringement case, thanks to attorney Robert McEwen Esq. I found out that you have to file a federal civil suit in the state the dependent either resides in or is incorporated in. I had a ponzu done on me. I knew something was wrong with receiving a dismissal there was too much substantial evidence ease of access anda proven copyright. Well the defense put together this phony yet elaborate rebuttal and most of the information was either erroneous or subjective, here's the rub in the first line the attorneys stated based on Federal rule 12(c) they motioned to have the case dismissed. The judge still let both parties present their arguments but ruled in favor of the defense with prejudice... I was in New York when I should have been in ATL. How can I find a serious lawyer that knows copyright infringement law in Georgia....That isn't connected to the defendant....
Submitted: 10 months ago.
Category: Intellectual Property Law
Expert:  Roger replied 10 months ago.

Kirk Adams :

Hi - my name is XXXXX XXXXX X'X an Intellectual Property litigation attorney. Thanks for your question. I'll be glad to assist you today.

Kirk Adams :

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).

Kirk Adams :

Under the rule, a judgment can be set aside for fraud, mistake, inadvertence, or any other reason that would justify the judgment being voided.

Kirk Adams :

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.

Kirk Adams :

If you can get the judgment voided, then you could file your motion to move the case to the proper venue.

Kirk Adams :

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.

Kirk Adams :

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.

Kirk Adams :

Thanks for your question and please let me know if you have any additional questions.

Customer: What if all of the evidence wasn't entered for consideration and the person never resided in the state nor has their corporation in that state ad the defendant themselves received the judgement based on the rule, did the court have jurisdiction to make that ruling?
Customer: They themselves filed Federal rule 12(c) wrong venue, court has no jurisdiction
Kirk Adams : Usually, you must plead jurisdiction, venue, etc. as an affirmative defense in the answer to the complaint. If those weren't pleaded in the response, then they may have been waived.
Kirk Adams : But, if the judgment was obtained by fraud, mistake or some other reason under the provisions of the rule, then you can file a motion to have the judgement set aside.
Roger, Lawyer
Satisfied Customers: 25988
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 2 other Intellectual Property Law Specialists are ready to help you
Expert:  Roger replied 10 months ago.
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