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rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience:  NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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If a Judge in 2005 allowed a ruling and when the case came

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If a Judge in 2005 allowed a ruling and when the case came to court in 2008, the same Judge took the ruling into consideration again, and threw the case out of court. Is he violating any ethics of the courts of mass.
Submitted: 8 years ago.
Category: Business Law
Expert:  rvlaw replied 8 years ago.

Hi, and welcome to Just Answer. Thank you for entrusting me with your legal issue. I will do my best to assist you. During the course of our interaction , I may need some additional information. Also, please keep in mind that while I assist you, I don't know what you already know about the issue unless you tell me.


What kind of ruling?



Customer: replied 8 years ago.

The ruling in 2005 was the Defendat's Motion to Dismiss, there were 2 counts, 1 was dismissed and the other was not dismissed and thus we contined with the case. In 2008, during the first day of the trial, the same Judge said he would have to rule on, what he ruled on in 2005, although he did not put it that way, it amounted to the same thing over again. He came back and threw it out of court.

Expert:  rvlaw replied 8 years ago.

From what you say the judge heard enough evidence or lack thereof on the 1 remaining case to dismiss. IT happens all the time. THe 2005 ruling was a matter of law. There were apparently factual issues on the 3rd requiring a trial. At some point in 2008 he resolved the factual issue and dismissed. You may consider appeal if it is not too late to do so in your state....usually 20-30 days.



Customer: replied 8 years ago.
We went to court...but the were no proceeding...It was my understanding that he ruled on the law in 2005, not once, but twice the ruling was rule on. They tried to throw it out twice and failed.
Expert:  rvlaw replied 8 years ago.

I would have to know the precise basis of the 2005 rulings and the two failed attempts to answer further.....otherwise it's all guesswork which is of no value. You don't have to accept my prior of the great things about JA.



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