After much emotional distress I was dismissed from an action in Ed Pa Federal Court. It was a civil action.

Asked about 5 years ago - Philadelphia, PA

The real defendant and I have the same name. The plaintiffs' attorney was too lazy to find the right person so I answered the complaint pro se and found the corrrect person on my own through some research. Can I sue the plaintiff for all the emotional distress it caused me? Or at least get money back for the time I wasted researching and answering the complaint and finding the real defendant.

Attorney answers (1)

  1. Ronald David Coleman

    Contributor Level 10

    Answered . You may be able to sue under a Pennsylvania statute that governs the filing of frivolous pleadings, even if in federal court, though I do not know if Pennsylvania has such a statute as New Jersey does (I am admitted in New Jersey and New York but not in Pennsylvania). You may also, without filing a new action, make a motion for sanctions from the E.D. Pa. court. It is likely that you may have missed your best opportunity to do this under the provisions of Federal Rules of Procedure 11, but as a pro se party the court may have find a way to order that you be made whole in some form -- it has broad discretion to do so. You should also file a complaint with the ethical authorities in Pennsylvania.

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