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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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can i persue legal action even if supreme court ruled againts

Customer Question

can i persue legal action even if supreme court ruled againts the class action
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.
Dear JACUSTOMER - This depends upon what the ruling by the supreme court said. If the ruling was on the merits of the case then you cannot file another action under the legal theory of "res judicata" meaning that the case or the issue has been decided. If the ruling by the supreme court was simply that it was not appropriate for a class action type of case then you could file your individual action since the merits of the case have not been decided.
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Customer: replied 5 years ago.
i don't mean to be unsatisfied with the answer but it's hard for me to expect the liditgators for my sons case to offer $4,000 in damages from the accutane case if the class action failed and finding out that some people got millions. my son had to have an emergency colin ectomy, in other words it almost killed him.
Expert:  Dave Kennett replied 5 years ago.
I can't predict the outcome of court cases so I can't tell you what he may or may not receive. Obviously I don't have all the details of the class action suit and in order to make a determination of whether another suit can be filed you would have to have his case reviewed by a private attorney. I am only able to offer general information from this website and I cannot provide specific legal advice. Your question was whether another suit could be filed and I tried to answer that issue. As for the specifics of the case and how much your son would possibly receive in damages I am unable to say.