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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27689
Experience:  25 years practicing law
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If a person (or a corporation) feels he is severely damaged

Resolved Question:

If a person (or a corporation) feels he is severely damaged by a lower court's action, legally confirmed as being inappropriate, where does he sue the Judge or the Lower Court, Federal Court or does it still have to be a State Court?
Submitted: 6 years ago.
Category: Business Law
Expert:  Dave Kennett replied 6 years ago.

-Could you explain your situation a little more?
Could you please explain the type of case and the damages incurred?

Was this a case that was lost at the trial level and then won at the appeal level?

Customer: replied 6 years ago.

The Judge claimed jurisdiction on my company's corporately owned construction equipment worth $ 100K with the word of mouth claim, on a suit filed personally against me. An order to add corporation as addnl. defendant, by proper service, was not complied with and the case was heard without inclusion of corporation while these equipment stayed grounded in possession of the opposing party. Final judgment against me of 130K based on my company's worth of more than a million, occured while my company operations stayed grounded. At final and new trial motion, when asked about return of company property, the Judge said he had no answer to that question.

Appeals Court said the case had nothing to with company or its equipment.

My fear of contempt was justified when an actual motion, barely saved me from getting into contempt related trouble. My company value is down to zero after six years, and I am still unable to get the equipment back or traded off against judgment, to resume a normal life or operate my company. The character of the case has assumed the proportion of where lawyers are turning down my request to represent me to make my company whole again.

Expert:  Dave Kennett replied 6 years ago.

Dear JACUSTOMER - Obviously I do not have the entire case file to review however to answer your initial question about suing the judge or the court the answer is that they are immune from lawsuits regarding their decisions. If they were permitted to be sued there would probably be a suit in every case by the losing party. Our system of remedy is through the courts of appeals when a judgment is rendered that we don't like or disagree with.

If the judgment of the lower court is overturned by a higher court then so be it but the judge in the lower court cannot be sued for making a bad decision or one that was overruled by the appeals court. So your only avenue of redress is through the appeals system and not by suing the judge who made the decision to tie up your equipment.

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