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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.
I have questions about filing the RJI form out. 1) My case
Hello,I have questions about filing the RJI form out.1) My case is portrait infringement (While I worked at supermarket, the manager took my picture. The picture posted in the newspaper.) Where do I check in section " NATURE OF ACTION OR PROCEEDING"? I check other in "OTHER MATTERS."May I write it down my like "portrait infringement (While I worked at supermarket, the manager took my picture. The picture posted in the newspaper.)"2) Which one do I check in "NATURE OF JUDICIAL INTERVENTIION ?"3) In "PARITES SECTION", Which one do I check in Issued Joined (Y/N)?
If admission were not answered and deemed admitted then the
If admission were not answered and deemed admitted then the opposing party filed a sworn affidavit 60 days later that does not concur with what was admitted in admissions would the party that moved first superseded the other? The opposing party does not have any proof to back up the affidavit it is their word against mine" I won first". The Judge gave the summary judgment to the opposing party on grounds of their sworn affidavit. If I put in for a rehearing do i have a creditable argument? Should I put in for a rehearing first before appeal to exhaust my remedies?Thanks Steve
I am being sued by a an employee I dismissed when he failed
I am being sued by a an employee I dismissed when he failed to show up for work for a couple of weeks. I am being sued for wrongful termination, discrimination, and bunch of made up claims. I know his claims are without merit but in order for me to defend myself its going to cost thousands if not tens of thousands of dollars. I have discussed this with several lawyers but they all tell me the same thing, summary judgments, discovery, depositions, etc... Is there any way to get this thrown out or mediated without going thru the expense of hiring an attorney and going to trial. I mean how can our system allow this to happen. I know his lawyer is on contingency but how does someone like myself, a small business owner, fight this without spending a huge amount of money, which it is to me. Is there any help for the small business owner who in 25 years has spotless reputation and has 7 employees, 5 for over 4 years and 3 for over 15 years. Any advice or help appreciated, thanks
State is VT..we have issued a NO Trespass against someone
State is VT..we have issued a NO Trespass against someone that is known to shoplift. The previous owners of the store had a No Treespass on her also. She is now suing us for discrimination because she is banned from the store. The papers she served us with make it clear that there are five or six other stores she is suing at the same time for the same reason. She is apparently representing herself. Obviously, we need to respond to avoid a default judgement, but what is the quickest way to get this frivolous suit to go away?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. Have you talked to a lawyer yet?Customer: No, our first step was to call the insurance company and get their opinion.JA: Anything else you think the lawyer should know?Customer: I am at our second store...my wife called with these details. Apparently, thisperson has some court dates coming up for retail theft.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.
I live in California. How many days before a demurrer
I live in California. How many days before a demurrer hearing must I be served? I filed a cross Complaint and she filed a demurrer to that. We are both pro per. One place I read 16 Court days plus five calendar days if served by mail, another I read 25 days. Thanks.
I am involved as a pro se plaintiff in a civil case inView more legal questions
Hi,I am involved as a pro se plaintiff in a civil case in Indiana that has reached the Appellate level. I am appealing an adverse summary judgment. I have presented my brief and appendix, and the Appellees have presented their reply brief and supplemental appendix. I am writing my response brief now. The issue I have is that their attorney placed a document in his appendix which was altered from the documents on record. Specifically, a balance sheet from an LLC, whereby he left out the line item that was the focus of the issue on appeal. The balance sheet was even designated as evidence by them for the MSJ, not me, then they put this altered balance sheet in their appendix. Their attorney even placed the requisite under penalty of perjury certification of accuracy on the appendix. Is this not perjury, and how and to whom do you bring this up?thanks,Ken