Can I move for the consolidation of appeals in the First Department? Does the motion adjourn the time to perfect the appeal?
Eric's answer
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Answered on May 11, 2020
Yes, I've made the motion (with and and withouts success), its one that is granted fairly rarely. It is typically done if their are two overlapping...
Is federal jurisdiction an affirmative defense that must be plead?
Eric's answer
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Answered on May 04, 2020
The absence of subject matter jurisdiction can be raised at any time by the Court, which implies that a party can raise it at any time. See Rule...
When 30 days for appeal start?
Eric's answer
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Answered on April 30, 2020
This question cannot be responsibly answered unless you disclose the court, and provide a copy of the decision and the letter to a lawyer....
Real Estate Fraud and I want to Bring a Lawsuit agains another Party.
Eric's answer
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Answered on April 26, 2020
It would seem that you have a breach of contract claim. You should also consider whether a claim to impose a constructive trust to obtain the...
Can I appeal Judge order to dismiss the case? If so, where and what the deadline?
Eric's answer
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Answered on April 23, 2020
To answer this is question requires more information and having a lawyer versed in appellate jurisdiction review the decision and the entire...
What is the best way to handle an opponent who lies in his answers to a request for admissions?
Eric's answer
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Answered on April 23, 2020
Rule 37(c)(2)
Failure to Admit. If a party fails to admit what is requested under Rule 36 and if the requesting party later proves a document to...
What was your experience with filing a writ of mandamus?
Eric's answer
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Answered on April 21, 2020
Not a good idea. I've not filed a writ of mandamus, but I am familiar with a case in which a large group of banks attempted a writ of mandamus to...
When posing a question to the US supreme court how much detail should be put into an introductory paragraph?
Eric's answer
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Answered on April 21, 2020
Here's a certiorari petition I wrote. Please feel free to copy the structure of it.
You can also find other certiorari petitions via google. You...
Default on a SAFE agreement?
Eric's answer
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Answered on April 16, 2020
As you most likely know, a SAFE agreement is a form of convertible debt (debt convertible to equity). Rescission (cancellation of the transaction)...
Can I sue for violation of due process?
Eric's answer
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Answered on April 15, 2020
You do not have a claim for money damages, since presumably its a prosecutor that has caused this delay, and the common law doctrine of "absolute"...