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A motion for leave to file an amended complaint encountered…

A motion for leave...

A motion for leave to file an amended complaint encountered a clerical error and was never filed. the judge ruled in favor of the other party based upon the original complaint failing to state a claim. on appeal the dc court of appeals did the same. would re filing with the new issues survive res judicata

Lawyer's Assistant: Have you talked to a DC lawyer about this?

No

Lawyer's Assistant: What steps have been taken so far?

None just received court of appeals decidion

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Answered in 5 minutes by:
3/21/2018
INFOLAWYER
INFOLAWYER, Attorney
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Hello and welcome. I am working on your answer and will be right back!

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If the claims never decided on the merits, you may file a new complaint with claims, but i would be sure tour pleading is sound and identifies claims with their elements.

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Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 3 months ago
failure to state a claim is or is not not considered on the merits

If you plead again asserting claims not previously dismissed, you can proceed. If my reply is acceptable, please reply "yes"

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