How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ashley Paige Esq Your Own Question
Ashley Paige Esq
Ashley Paige Esq, Lawyer
Category: Legal
Satisfied Customers: 19
Experience:  Associate Attorney at Patricia Rooney P.C.
105927511
Type Your Legal Question Here...
Ashley Paige Esq is online now
A new question is answered every 9 seconds

I need help with civil litigation regarding a serious

This answer was rated:

i need help with civil litigation regarding a serious personal injury
JA: Can you tell me what state this is in? And do you have copies of the medical records?
Customer: new york and yes, but not electronic copies
JA: Has anything been filed? If so, what?
Customer: yes, complaint filed in january. there are multiple items on the docket. i believe 16 in total
JA: Anything else you want the Lawyer to know before I connect you?
Customer: im representing myself pro se

Hello there. My name is***** am an attorney and am happy to help. Please remember I can only provide general legal information and not specific legal advice as there is no attorney-client relationship here.

Before I can help, I need some more information. After you filed the complaint, did the defendant file an Answer? What is the status of the case?

Customer: replied 10 days ago.
they did file an answer. its is the university of maryland baltimore county. they said my service was "legally ineffective". i had to re serve them via certified mail and also to the treasury. they have since moved to dismiss since i actually filed in NY federal court (northern district). they have pleaded their 11th amendment right as well as soverign immunity and to dismiss on lack of personal and subject matter jurisdiction.
Customer: replied 10 days ago.
i have some theories on how to get around this but i have some questions

Ok, I understand. So you have to oppose the motion, if you haven't already. What exactly is your question or what information are you looking for?

Customer: replied 10 days ago.
well either oppose the motion or change venue to their district court. however there is a problem with that because Maryland is one of 5 states where they have the contributory negligence clause, thus making my personal injury claim null for having a portion of the 'blame'. however im wondering if i can claim that moving it to their court would be prejudiced. also they have stated that they are an "instrumentality" of the state and are part of the government and also receive funds from the federal government. so would that make them subject to federal jurisdiction in NY federal court?

Well if they filed a motion to dismiss, there is no motion for a change of venue correct? So your only real option if you want the case to move forward is to file an opposition and see how the judge rules.

Why did you file in New York, do you live in the Northern District of New York?

Customer: replied 10 days ago.
correct. i live here in NY but was attending their university at the time of my injury.

Thank you for clarifying. Since the venue issue is not being argued in the current motion I would put that issue aside.

In your Opposition papers you need to address their arguments requesting dismissal based on lack of personal jurisdiction, subject matter jurisdiction and sovereign immunity. Research any potential relevant legal arguments in your favor and apply it to this situation. I know you filed pro se, however I would really recommend consulting with and retaining an attorney who will be much more familiar with these issues, the procedure in federal court and is likely to be more successful in defeating the motion (if it's possible). A lot of attorneys take personal injury cases on contingency, meaning they only get paid if you win so there is no upfront cost to you.

Customer: replied 10 days ago.
ive consulted many attorneys who are open to questions but none have come on as my counsel. the problem here is "finding' said legal arguments. I have many good resources including cornell law. but what i need is something that can be searched with keywords. i also use pacer.gov, but that doesnt allow for keywords lookup. only parties and case numbers. do you suggest another source?

Lexis Nexis and Westlaw are the legal research databases attorneys use. However, you have to pay for these services. If you have access to a law library, I would try to find a text or digest referencing federal rules of civil procedure and then look in the index or table of contents for subject matter jurisdiction etc. You can do a google search for law review articles or samples of opposition papers to motion to dismiss.

Again, I encourage you to consider finding an attorney who will take the case on.

Customer: replied 10 days ago.
ok. ill give these a shot. thanks so much for your help so far.

You are very welcome. If you have no more questions at this time please remember to accept the answer and rate my service.

Best of luck to you!

Ashley Paige Esq and 3 other Legal Specialists are ready to help you