Archived
Is it better and more cost effective to file a counterclaim to his appeal? Can I put a lien on property at that time?
Heidi's answer
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Answered on April 21, 2016
Contractor arbitration is governed by a special statute in Massachusetts and special procedures, and unlike for arbitrations in other contexts, the...
Archived
Can I file motion to stay of an order to stop foreclosure in District Court even if Appeals Court denied if there is good reason
Heidi's answer
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Answered on April 21, 2016
I agree with the others that there is too little information to answer you. Whether you can seek a stay in the District Court depends on the...
Archived
What are the differences between 'Petition for Rehearing', 'Application for Further Appellate Review', and 'Petition for Cert '?
Heidi's answer
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Answered on April 08, 2016
I agree with the others and this may vary from jurisdiction to jurisdiction and between state and federal court, but very very generally, a...
Archived
What is the right step to take if the Appeals Court made a judgment even District Court did not submit missing documents?
Heidi's answer
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Answered on March 31, 2016
I do agree with the other responder who suggested you seek out a lawyer given the intricacies of appellate procedure. In addition, it is unclear...
Archived
What is the turn around time frame of when an interlocutory petition to a single justice of the appeals court might be heard?
Heidi's answer
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Answered on March 31, 2016
It is unclear what statute or rule you filed the petition under, but generally petitions are ruled on fairly quickly. The single justices of the...
Archived
If Motion to Dismiss is not taken into consideration, although I have a valid reason. My options? Can I appeal that decision?
Heidi's answer
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Answered on March 23, 2016
It is impossible to know or even guess at the answer without more context. Generally speaking a motion to dismiss, if denied, is not appealable...
What is a "declaratory decree?"
Heidi's answer
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Answered on March 22, 2016
In general, a declaratory decree is a ruling of the court on a question posed by a lawsuit. A party can bring a request for declaratory judgment...
Archived
In general are chances fair or poor for a federal appeals court to overturn a lower courts summary judgment ruling?
Heidi's answer
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Answered on March 19, 2016
The Tenth Circuit will have its own statistics, but in general, statistically, overturning a lower court's ruling is difficult. You have to...
Archived
When you issue service via mail, registered or certified and don't get it delivered. Is the standard for the court two attempts
Heidi's answer
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Answered on March 15, 2016
It is unclear if you mean it was not picked up and so the mailing was returned to you because no one signed for it, but if so: It depends on the...
Archived
Does my employer have the right to terminate me when I tell them I'm pregnant and will be resigning a few weeks before I'm due?
Heidi's answer
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Answered on March 14, 2016
Your situation presents questions that are complicated. It is true that as an at will employee you can be fired at any time for no reason or any...
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