How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawHelpNow Your Own Question

LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7592
Experience:  Relax. Let's work together. Practical solutions.
6761470
Type Your Legal Question Here...
LawHelpNow is online now
A new question is answered every 9 seconds

Can a north carolina resident sue a non-resident alleging constructive

Resolved Question:

Can a north carolina resident sue a non-resident alleging constructive fraud? Thank you
Submitted: 2 years ago.
Category: Legal
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Where is the defendant at? In this case, is the defendant in NY? NC? Someplace else?
Customer: replied 2 years ago.
I am defendant. I reside in virgin Islands. Plaintiff is NC resident. Can in NY federal court (1:12 CV 01827 (PKC). I am pro se defendant
Expert:  P. Simmons replied 2 years ago.
Ahhh....Federal diversity jurisdiction.

Is this US VI? British VI?

Perhaps a better question...are you a US citizen? If so what is your residence?

And are there any other defendants in this case?
Customer: replied 2 years ago.
I live in St. Thomas US VI and I am a US citizen. The allegation I am addressing is constructive fraud/breach of fiduciary duty under NC law. Case involves four plaintiffs. Three are NC residents. One vermont.
The Plaintiffs have utilized a group pleading strategy. Thought since one plaintiff was not NC resident, could have some basis for dimissing this Count.


I knowyour info is merely informational. Thanks.
Expert:  P. Simmons replied 2 years ago.
Thank you

Diversity jurisdiction. I know it well.



But I have one more question...you state that there are 4 plaintiff's...how many defendants? Are you the sole defendant and four folks are suing you? And if there are more defendants, where are the rest located?
Customer: replied 2 years ago.
there three other plaintiffs. one in bankruptcy, a Virgin Islands LLC. other two reside in NY and CT. Case is in SDNY, federal court..

As I believe I said earlier, four plaintiffs, three reside in NC. Fourth is a Vermont resident who is a trustee of 3 grantor trusts for children of two of the NC residents.

Case originally filed in NC. Defendants sought change of venue and reach agreement with plaintiffs to move case to SDNY. One defendant

NY resident.Plaintiff has made numerous claims. One count if the Constructive Trust/Breach of Fiduciary Duty under NC law. Wondering if opportunity to dismiss this count because one plaintiff a Vermont resident. Remember, they have pled jointly (colectively)even though they are separate. This is why I thought I had shot at dismissal.

By the way, I am not an attorney. Just been doing research in preparation for pre-motion conf.
Expert:  LawHelpNow replied 2 years ago.

Hello,

Thank you so much for this opportunity to try and be of service to you today.

Wisdom...compassion..empathy. These are more than words for me. They are my promise to you.

I am a licensed attorney and will do my best to provide you an honest and accurate answer to your important legal question.

QUESTION: "Does the NY court have subject matter juridiction?"

ANSWER: First of all, please allow me to take a moment and say that I am genuinely sorry for all you have been through with this ordeal. Accordingly, it brings me zero pleasure to share the following information with you. Here is how this works. You are quite well spoken and no doubt have an astute grasp of the underlying issues. You are entirely free to assert your argument, but unfortunately in my estimation and experience the other side has the more compelling position. Jurisdiction and venue are sometimes used interchangeably, even by legal counsel, but they are simply not the same thing. In other words, the threshold determinative issue is whether or not the Court in question can exercise subject matter jurisdiction pursuant to the doctrine of federal diversity of citizenship. It goes all the way back to the Judiciary Act of 1789 with the modern (present day) codification found here: 28 U.S.C. § 1332. Looking to doctrine such as a "causal nexus" and so forth, it can be rather amazing, frankly, just how broadly some Courts are willing to find and exercise jurisdiction. Certainly, after the matter of jurisdiction is put to rest one can still make arguments for trying the case elsewhere along lines such as forum non conveniens. But, based on your description, I would not be at all surprised to see subject matter jurisdiction "stick". I would love to say otherwise, and I hope I am proved to be entirely wrong and that you completely prevail. But, I just respect you too much to do you the disservice of misleading you or providing false information, even when the means being the bearer of entirely correct although admittedly discouraging news. Neither you or I made this law, and very often I personally disagree with it, but nevertheless that is the truthful reality, at least in my opinion.

I truly hope all works out for you.

If you would like any additional information or have more questions please do not hesitate to ask!

Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. In rating my work, please realize that I am merely the messenger, meaning I do not write the laws and can only report them to you. Placing a BONUS is a nice way of expressing appreciation and will be most gratefully appreciated to allow me to continue helping customers!


Join thousands of satisfied customers by adding me to your bookmarks/favorites: Just type your future question in the text box to direct it to my personal attention.

LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7592
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 15 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
thank you for your assistance. I appreciate to time you took to do this. If I have any additional questions, I will contact you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.