If I file a civil soon for "Contract - Other" for Breach of Contract, or Interference with Contract, what would be the US Civil Statute that I put on the cover sheet? This is against a large corporation in Boston.
Hello and welcome,Please clarify your question. The suit will be filed in federal or MA state court? If in federal court, on what basis are you asserting that the federal court has jurisdiction?
This would be in Massachusetts. I am XXXXX XXXXX (www.brianevans.com), and wrote a song for The Boston Red Sox that they are trying to (pardon my french) screw me over. I intend on filing a $25 million lawsuit against them. The song was produced by Narada Michael Walden (the producer of Whitney Houston's "The Bodyguard" soundtrack). It's been impossible to filnd a lawyer here in Boston, as the Red Sox have set up conflicts with practically every attorney I've spoken to. Since my resources have been seriously effected financially, I noticed in federal court, I can motion to have an attorney assigned to my civil case for free (can that be done in state court, too, by the way?) so I figured federal court might be the best route to take. I just don't know what statute I'd be able to claim makes my case be permitted to stay in federal court.
Hello again,Thank you for the additional information.Breach of contract and interference with contract are state law claims, so there would not typically be a US code to cite on a cover sheet with respect to such claims.Because of the amount in controversy, one could cite 28 USC § 1332 in alleging that a federal court has diversity jurisdiction though if all the parties are located in different states.Here is a link to that section of the US Code:http://www.law.cornell.edu/uscode/text/28/1332In Massachusetts, the right to counsel is afforded to children and their parents, custodians, or guardians in care and protection and related proceedings; persons in mental health proceedings, including civil commitment, medical treatment, sex offender registry, and sexually dangerous person cases; and elderly or disabled persons in care and protection. See Art. 12 of the Massachusetts Declaration of Rights; Marsden v. Commonwealth, 352 Mass. 564, 568 (1967); M.G.L. ch. 6 §§ 178L and 178M; M.G.L. ch. 123 §§ 5, 12(b), 35; M.G.L. ch. 123A §§ 13-14; M.G.L. ch. 201 §§ 6, 6A, 14(d); M.G.L. ch. 211D § 16; Rogers v. Commissioner of Dept. of Mental Health, 390 Mass. 489 (1983); Guardianship of Roe, 383 Mass. 415 (1981); Superintendent of Belchertown State Sch. v. Saikewicz, 373 Mass. 728 (1977); M.G.L. ch. 19A § 20; M.G.L ch. 19C § 7.Here is a link that provides this information on the right to counsel:http://www.masscounsel.org/right-to-counsel/
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Thank you and all the best to you,
JD, BBA Over 20 years legal and business experience.
What if I reside in Massachusetts, and so does The Boston Red Sox? Would federal court apply? Or should I just pursue this in state court as Breach of Contract, Interference with Contract?
If all the parties are located in MA, then it does not appear a federal court would have jurisdiction and the case must be filed in state court, right. That is where such claims should typically be filed, yes.
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