Courts
Can I dismiss my federal lawsuit and refile without res judicata issues?
How I can effectively dismiss my Lawsuit in Federal District Court and file again in order to restart the case calendar without suffering negative effects such as Res Judicata, etc... ?If I dismiss a lawsuit in Federal Court, can I file the same lawsuit again without facing the potential consequences of res judicata? The statute states: Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.I am not certain of the interpretation - does it mean that once I file a voluntary dismissal for whatever reason, I can't bring it again if the defendants and I cannot agree on a solution and... If I do the defendants can file for summary judgment using - res judicata -or-Does it mean that I can file the same claim a second time without any ramifications but if I dismiss the case for a second time... filing a third time would invoke res judicata and prevent the filing of a third claim on the same issues.Please let me know in plain English what the interpretation of the statute Fed. R. Civ. P. 41 (a) (1)(B) means and how I can effectively dismiss and re-file.
Can a law firm represent a corporation after making me a secretary?
I was doing business using license of a company under warble agreement for time of 18 month during that time law firm were representing corporation made me secretory of corporation by adding my name by corporation's presidents instruction. I was secretory for 6 months prior to leaving corporation, now same law firm is representing corporation against me in law suit.since same law firm added me as secretory of corporation and advise me two time during my tenner with same corporation. is it or is not breach of fiduciary duty by law firm under state of Florida law? How judge can allow the same law firm to represent the corporation once i was part of it during the time same law firm made me secretory of corporation suing me?
please provide me case and applicable law if you agree with me that law firm should not be allowed to represent. what defiance can i show to judge to do so. Thanks
Can a husband and wife defend themselves pro se in an easement case?
A woman owns land in her name only but she was sued along with John Does 1-5 over an easement, her husband being one of the John Does but not named by name, can her husband and herself act as Pro Se together in their defense?
Can I file pro se for myself and my corporation in federal court?
I wish to file suit in federal court pro se. The suit involves obtaining permits under a corporation name that I am 100% stock holder. A local law was passed and found to be constitutional which states that the permit in a corporation and the stock holder of the corporation are to be treated as one, I have been denied a permit in my name several times because I am the stockholder of the corporation that has one. Federal court does not allow corporations to file pro se, how do I file pro se as a person and a corporation since the Local law was found to be constitutional. I am not looking to challenge the local law.
Do ongoing retaliations need to be filed as amended pleadings?
This question is about an employment EEO case in federal court where the orginal pleadings were about discrimination and retaliation. Question Part 1: Do ongoing and later retaliations in a nexus with the case need to be filed with a leave to amend for amended pleadings or are they automatically integrated into the lawsuit? Question: Part 2: Will a response to a motion for summary judgment be sufficient and considered as amended pleadings? See: Ganther v Ingle where a response to MSJ is considered as amended pleadings in the U.S. 5th circuit.In Texas, the law is such that judges always allow a cure for any defect of pleadings, before during, or after trial. However, my question involve federal court. The attorney does not believe that amended pleadings are necessary, since a retaliation claim does not have to be administratively exhausted as a new claim, since it is in nexus with the orginal pleadings or integrated into the law suit.