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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34118
Experience:  Retired (mostly)
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WAITING FOR MY "just answer" RESPONSE??!!

Resolved Question:

ATTENTION DIMITRY or someone??!! I asked a "just answer" question but have not received any response and don't know where I will locate it when I get any response??! Please advise. TYXXX@XXXXXX.XXX

Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello,

It's obvious that you're quite upset by the circumstances. However, I don't see that you have a lot of options, other than those you have suggested yourself. I doubt that the PA Supreme Court is biased -- but, I also don't know if they will hear your case.

The only thing that I can suggest is that if you genuinely believe you have credible evidence of some sort of conspiracy within the system to cover up this death, then you should complain to the U.S. Department of Justice, Civil Rights Division.

I don't know what else to offer -- because that's really all there is (except for contacting the media, of course -- frequently a news report of governmental misconduct can be the most important thing that anyone can do to force an investigation).

Hope this helps.
Customer: replied 1 year ago.
I tried to provide crystal clear details. This was a civil case in the judicial courts. There was no conspiracy??!! My comments were that the case was moving thru the system. It was then due for jury trial. My explanation was THT the Judge who was a close colleague of the defense attys, had exported communica with the defense, still ot co spinach...just that the Judge knew this was Wrongful death case and at the 11th hour dismissed the case on a technicality, unfounded, but this was a civil case set for trial and dismissed. I then explained simply that the on,y option I could do is appeal to the PA Supreme Court. I believed the Judges cannot dismiss a case due to bias, it is a violation of our7th amendment is it not? I asked you to kindly direct me as to who to contact, this is Judicial misconduct in the lower court. where can I go from here???!!!!
Customer: replied 1 year ago.
I already sent my reply did you get it??!!!!
Customer: replied 1 year ago.
I tried to provide crystal clear details. This was a civil case in the judicial courts. There was no conspiracy??!! My comments were that the case was moving thru the system. It was then due for jury trial. My explanation was THT the Judge who was a close colleague of the defense attys, had exported communica with the defense, still ot co spinach...just that the Judge knew this was Wrongful death case and at the 11th hour dismissed the case on a technicality, unfounded, but this was a civil case set for trial and dismissed. I then explained simply that the on,y option I could do is appeal to the PA Supreme Court. I believed the Judges cannot dismiss a case due to bias, it is a violation of our7th amendment is it not? I asked you to kindly direct me as to who to contact, this is Judicial misconduct in the lower court. where can I go from here???!!!!
Customer: replied 1 year ago.
Are you still there trying to help me work thru this socrateaser??!!
Expert:  socrateaser replied 1 year ago.
This was a civil case in the judicial courts. There was no conspiracy??!!

A: Your question suggests that you find the entire legal system arrayed against you. To me that means you allege a conspiracy -- otherwise, it would be merely a judgment of a court with which you disagree -- and you would not be so outraged.

My comments were that the case was moving thru the system. It was then due for jury trial. My explanation was THT the Judge who was a close colleague of the defense attys, had exported communica with the defense, still ot co spinach...just that the Judge knew this was Wrongful death case and at the 11th hour dismissed the case on a technicality, unfounded, but this was a civil case set for trial and dismissed. I then explained simply that the on,y option I could do is appeal to the PA Supreme Court.

A: Every word of the above suggests that you are alleging a conspiracy by the judge to dismiss the case due to his/her association with defense counsel. Maybe we define the term, "conspiracy" differently. N.B., it is possible to allege a civil conspiracy in tort, such as to commit a fraud, or conversion (civil theft).

I believed the Judges cannot dismiss a case due to bias, it is a violation of our7th amendment is it not?

A: A judge can dismiss for:

(1) lack of subject-matter jurisdiction;

(2) lack of personal jurisdiction;

(3) improper venue;

(4) insufficient process;

(5) insufficient service of process;

(6) failure to state a claim upon which relief can be granted; and

(7) failure to join an indispensable party.


Judicial bias could be the underlying reason for a dismissal under any of the above-stated grounds. I have no way of knowing the asserted reason for the judge's dismissal, without reading the dismissal order and related memoranda.

None of this has anything to do with the 7th Amendment, in my opinion.

I asked you to kindly direct me as to who to contact, this is Judicial misconduct in the lower court. where can I go from here???!!!!

A: That would be the Pennsylvania Judicial Misconduct Board.

Comment: I'm trying to help you as best I can. If I misunderstand your questions/comments, it is not for lack of trying, or mental confusion. I'm usually pretty successful helping people, if they give me the opportunity to do so. I hope you will not dismiss me, as you have apparently been dismissed by the court.
Customer: replied 1 year ago.
Ok I realize that you are trying. Perhaps there is some miscommunication I initially was writing to someone named "Dimitri"? I provided all of the actual details then you appeared. So if we can just try to nail this down. Facts: Case due for jury trial. Judge got pissed at Plaintiff atty (Judge was just not getting along with Plaintiffatty) Additionally Judge is very close for entire career to the defense attys, if the defendants, Docs and hospital lost this case not good outcome!!! Big institution loses and community mass hysteria if they find out local Pt is overdosed and dies due to med error! Judge saw an opportunity to get into it w/ plaintiff atty, got angered & dismissed the case. This is where we are right now!!! I want to know what I can do besides sit and do nothing? I will go to all extremes to have my mothers voice heard. This was an unnecessary death due to med error and narcotic overdose and death!
Expert:  socrateaser replied 1 year ago.
Facts: Case due for jury trial. Judge got pissed at Plaintiff atty (Judge was just not getting along with Plaintiffatty) Additionally Judge is very close for entire career to the defense attys, if the defendants, Docs and hospital lost this case not good outcome!!! Big institution loses and community mass hysteria if they find out local Pt is overdosed and dies due to med error! Judge saw an opportunity to get into it w/ plaintiff atty, got angered & dismissed the case. This is where we are right now!!! I want to know what I can do besides sit and do nothing? I will go to all extremes to have my mothers voice heard. This was an unnecessary death due to med error and narcotic overdose and death!

A: Legally, the only recourse is to appeal. The grounds are that the court has committed an abuse of discretion. In McCarthy v. SEPTA, 772 A. 2d 987 (2001), the Superior Court of Pennsylvania writes:

We note, preliminarily, that, although the sanction in question precluded Croydon from introducing expert testimony, but did not altogether dismiss Croydon's case, we will review the present appeal as if the trial court dismissed Croydon's complaint. This Court recently held that such heightened review is appropriate to dismissal in that it leads to summary judgment being granted against the sanctioned party. Since the dismissal of an action is the most severe sanction which a trial court may impose, the court must carefully balance the equities of the particular case and "dismiss only where the violation of the discovery rules is willful and the opposing party has been prejudiced."

Id. at 628-29 (quoting Stewart v. Rossi, 452 Pa.Super. 120, 681 A.2d 214 (1996)). See also Wolloch v. Aiken, 756 A.2d 5 (Pa.Super.2000) (dismissal based on failure to identify expert requires both willfulness and prejudice).

 

The above-quoted case is the only relevant PA case law opinion that I can find (and I have access to every opinion ever issued by a PA court). The point is that plaintiff's attorney must have either done something extraordinarily grave -- sufficient to warrant a malpractice action by plaintiff (unless plaintiff put his/her attorney up to the bad acting) -- or, an appellate court would have to reverse for abuse of discretion, because no reasonable jurist would dismiss a case, solely due to an argument with an attorney representing a party in a case.

 

Again, the only way to get a resolution of this issue is to appeal (though, you can also do what I've described in my other answers -- they just aren't likely to lead to a positive outcome).

 

Hope this helps.

Customer: replied 1 year ago.
You appear to now understand and I am sorry for any previousmisu derstand ing. Even if I have to pay to sign up for a plan, I must resolve this. so to clarify and make certainI am understanding your reply, it appears that you have cited case law dealing with appeal...I get that, to be clear, are we referencing just PA superior court on appeal as this has not yet been heard at that level? I understand that if the PA superior court decision is u favorable then we will go to the SUPREME COURT. so as long as we are talking apples and apples, it is just above the judicial commonwealth local civil court which dismissed the case. OK to answer why the dismissal. My atty is from Phila and the case is in Montgomery county, 20 miles east of Phila, so we have a venue disadvantage. The Judge is retiring this year, has been handling all aspects and motions etc on docket for a few years. My plaintiff atty notified the Judge that the experts were unable to fly in, one being in Europe and one due to a sudden death of his colleague. Asked for a short extension and Judge was aware of this emergent situation but despite both defense Attys agreeing to,extension, he said the case was going on too long and if the case did,not get presented that day, he was dismissing it due to case length. fact:the Judge was the person who directed,all docket,issues for,entire discovery, so there was no issue about any delay but he decided that if my atty did not present the case on the trial date, then he was dismissing it and we could take it up on appeal. So I want to make sure that you are directing me to appeal I.e. due to judicial bias, and misconduct, and not another topic. "S" you have my email address, I am in Anesthesiology, so a quick learn, so after we can get to the bottom of why the dismissal, if you happen on any additional case law or locate links, please email anything that you do find. But for now I just need to be sure that this "just answer" is directing me to what I need in the appellate level. Kindly RSVP ASAP.XXX@XXXXXX.XXX
Customer: replied 1 year ago.
"S"did you get my last comment to try to,get to the bottom of this travesty of justice? I have not nailed this down and need your assistance! Please RSVP,ASAP.Waiting patiently
Thanks XXX@XXXXXX.XXX OR even direct me to the link so I can look up cases (IN PENNA) summarizing superior court decisions just in PA as I mentioned and I will just do the research. You have been most,kind I just am not sure if the case law you cited applies as not sure what happened in the "crowded" situation?
Expert:  socrateaser replied 1 year ago.
You appear to now understand and I am sorry for any previousmisu derstand ing. Even if I have to pay to sign up for a plan, I must resolve this. so to clarify and make certainI am understanding your reply, it appears that you have cited case law dealing with appeal...I get that, to be clear, are we referencing just PA superior court on appeal as this has not yet been heard at that level?

A: The PA general trial court is the Court of Common Pleas (there are minor courts below, but I doubt your case was heard in one of those -- feel free to advise if I misunderstand). For private civil actions, the next level is the Superior Court, which is the intermediate appellate court for PA. So, the answer here is "yes," the Superior Court is where you would appeal the dismissal.

I understand that if the PA superior court decision is u favorable then we will go to the SUPREME COURT. so as long as we are talking apples and apples, it is just above the judicial commonwealth local civil court which dismissed the case.

A: There is an appeals court called the "Commonwealth Court." However, this court does not try cases. So, once again, here I assume your case was in the Court of Common Pleas, which means that you are appealing to the Superior Court.

OK to answer why the dismissal. My atty is from Phila and the case is in Montgomery county, 20 miles east of Phila, so we have a venue disadvantage. The Judge is retiring this year, has been handling all aspects and motions etc on docket for a few years. My plaintiff atty notified the Judge that the experts were unable to fly in, one being in Europe and one due to a sudden death of his colleague. Asked for a short extension and Judge was aware of this emergent situation but despite both defense Attys agreeing to,extension, he said the case was going on too long and if the case did,not get presented that day, he was dismissing it due to case length. fact:the Judge was the person who directed,all docket,issues for,entire discovery, so there was no issue about any delay but he decided that if my atty did not present the case on the trial date, then he was dismissing it and we could take it up on appeal. So I want to make sure that you are directing me to appeal I.e. due to judicial bias, and misconduct, and not another topic.

A: Appeal is your only option, so it's not like there is some other direction for me to give. Re grounds, that would be abuse of discretion, which means that the judge made a decision that no reasonable jurist would make. I don't believe that you have stated facts which would show bias to an appellate court. Maybe such facts are in the record, but I don't see them, from my limited view.

It's really pretty simple: The court has discretion to dismiss a case, but given that the defense consented to a continuance of the trial, it seems to me absurd that the judge would not permit time to obtain the necessary experts, since the defense apparently was not prejudiced -- otherwise defendant's counsel would have objected to the continuance.

Thus, it would appear to me an abuse of discretion to dismiss the case. The judge is punishing the plaintiff because plaintiff's experts are unavailable due to reasons beyond their control.

"S" you have my email address, I am in Anesthesiology, so a quick learn, so after we can get to the bottom of why the dismissal, if you happen on any additional case law or locate links, please email anything that you do find. But for now I just need to be sure that this "just answer" is directing me to what I need in the appellate level.

A: I do not have your email address. The website system blocks all attempts at direct contact. All correspondence must take place through this interface (website policy). I regret any inconvenience, but that's just how the rules of the venue are set up.

Hope this helps.
Customer: replied 1 year ago.
Thanks and I only clicked on the not ok face to complete this conversation. I also will be certain to give you the most favorable and excellent review. If I were to email you would it,be at your name "socrateaser" and if so, then you will see my details as well, however, what location or provider? Anyway than you for,taking all of,the time to explain and you just cannot know how devastating and emotional upheaval this family has been thru, as mother left,11 grand and great grandchildren who,lost,their very special loved one, due to a medical error??!! Is there a specific or particular search engine that I could look into to find out the details necessary so that I put this appeal in correctly, as to reversing an absurd dismissal. XXX@XXXXXX.XXX
Expert:  socrateaser replied 1 year ago.
Every time you rate me poor or bad, my reputation on the website is damaged, and I risk being removed from the website.Given that I have answered every one of your questions, as asked, I would really appreciate it if you would kindly provide a positive rating for my efforts.

Re your other questions, I will be happy to answer, after I get something to eat. I'll be back in a couple of hours.

Thanks in advance.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34118
Experience: Retired (mostly)
socrateaser and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Ok did not close out my question, as you promised that you would respond to my questions after you got something to eat. So I appreciate your input and also would like to go to the site that popped up to add additional tips. Will be waiting to complete our session since you put it on hold for dinner so please complete the questions that you said you were going to reply to and I can then review and sign off but try to include my appreciation tip. The main final question was is there a particular search or link that you can send me to do some research to see how the superior court gets these complaints? Please direct me to it
Expert:  socrateaser replied 1 year ago.
Sorry for the delay. It seems that the entire universe is trying to get my attention this evening. That said, you asked:

The main final question was is there a particular search or link that you can send me to do some research to see how the superior court gets these complaints? Please direct me to it.

A: The official rules for appeals from a lower court is found at PA Code Rule 901 et seq.

There is no free online guide to PA Appellate court practice. If you really want to dive deep, then see this link for a professional practice guide.

Please let me know if I can be of further assistance.

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