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Recent Appellate Court questions

If a judgement is granted in Circuit court, and one

If a judgement is granted in Circuit court, and one disagrees with the decision, is the next step to file a motion to reconsider in the same Circuit or file with the appellate court to vacate the judgement?

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Dwayne B.

Juris Doctor

35,356 satisfied customers
This is a question lawyer who has experience with appeals in

This is a question for a lawyer who has experience with appeals in federal court.Can I include new evidence in an appeal to a summary judgment ruling for the defendants?

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CalAttorney2

Attorney

Doctoral Degree

19,456 satisfied customers
The defendant filed appeal. The plaintiff filed motion to

The defendant filed appeal.The plaintiff filed motion to dismiss appeal.The court rendered judgment which I don't understand if the defendant-Appellant's appeal is ordered frivolous or if the plaintiff-Appellee's motion-to-dismiss-appeal is rendered frivolous. Please clarify.Here is the appellate court's order, verbatim:THE MOTION OF THE PLAINTIFF-APPELLEE, WELLS FARGO BANK, N.A., FILED MAY 20, 2016, TO DISMISS APPEAL, HAVING BEEN PRESENTED TO THE COURT, IT IS HEREBY ORDERED GRANTED AS FRIVOLOUS.

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Zoey, JD

Doctoral Degree

29,164 satisfied customers
Superior Court and use of the Subpeona. Is it worth trying

Superior Court and use of the Subpeona. Is it worth trying to subpeona any records I do not have but I may need for briefs now before I really need the info?

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NYFamilyAttorney

Licensed Attorney for 36 years

JD

756 satisfied customers
Misrepresentation in federal court. My ex-lawyer sabotaged

Hi Pearl. Misrepresentation in federal court. My ex-lawyer sabotaged my case so badly that I suspect he was corrupted by opposing counsel. I lost MSJ in a retaliation case.JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help.Customer: thanksJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: Defendants won MSJ in federal court because my attorney severely misrepresented my case. He didn't submit evidence, didn't dispute many of the defendants' findings of fact, didn't mention that they lied under oath and that I had proof of their perjury. My attorney submitted "my" response to the MSJ without showing it to me first and getting my ok. I asked the judge for reconsideration but he denied because evidence should have been entered previously. The judge also wrote that it would not have changed anything anyway because I 'couldn't prove' the causation in the retaliation. However, Reeves only requires proof of pretext not causation to get case to court. I could show pretext as the defendants changed their story and their reason for their adverse actions. The judge also refused to accept the "1000 small cuts rule" as it came from an appellate court in a different federal circuit. The district court judge's ruling now hurts my chances for a malpractice lawsuit. :(JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.Customer: If there is a chance I would like to appeal the SJ.

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Dwayne B.

Juris Doctor

35,356 satisfied customers
Argument court date was scheduled, I was not notified, and I

Argument court date was scheduled, I was not notified, and I (plaintiff pro se) missed the argument. The judge ordered most of my complaint (2 of 3 counts) thrown out with prejudice. I wish for the judge to reconsider. Do I file a motion or petition, and would I file a motion/petition to vacate, to reconsider, or another option? Should I consider a rule to show cause?

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Roger

Litigation Attorney

Doctoral Degree

33,440 satisfied customers
I filed a motion judgment with the federal court of appeals

I filed a motion for summary judgment with the federal court of appeals subsequent to a brief I filed and subsequent to a motion for summary judgment in the district court and they ordered it taken with the case for consideration by the panel. The defendants in response argued, The federal rules of appellate procedure do not authorize a Motion for Summary Judgment. Can you explain what they mean since I see several summary judgment rulings in the court of appeals on my case law review.

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CalAttorney2

Attorney

Doctoral Degree

19,456 satisfied customers
Is there a case where a person is in jail (murder) who wrote

Is there a case where a person is in jail for life (murder) who wrote a contract stating "in the event of my death", and the contract was honored because he was considered as good as dead?

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ScottyMacEsq

Doctoral Degree

22,524 satisfied customers
I'm following up about my previous inquiry on 2/22. Our

Hi Robert,I'm following up about my previous inquiry on 2/22. Our wedding photography was very bad, the photography company provided free edits but we were not satisfied. They have offered a $650 refund but part of the settlement agreement contains a Non-Disparagement clause requesting that we remove any negative reviews we currently have posted on Yelp, WeddingWire, etc. The photography company claims it will take legal action if we post any negative review or disclose that we received a refund. The company is based out of Chicago but we live and got married in San Francisco. I want to be able to post an honest review online so that other wedding couples know what are getting if they hire this company. Ideally, we would also like to accept the refund. What are our rights?

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RobertJDFL

Attorney

Juris Doctorate

12,170 satisfied customers
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