I lost a civil case in state district court. Then I filed a post trial motion 60(b)(4) motion for it in a Federal district court that is in the same state. The federal district court ruled that the judgment was void. When I am looking at the cha...
I agree with my colleagues: your question cannot be correct. My best guess is that the Federal Court found that your motion should be removed from the docket. The only way I know to get the same case from state to federal is Removal, and you were way too late for that. Federal courts trump State courts under the Supremacy Clause.See question
The beneficiary wants her legal fees paid seperately from her inheritance so she filed a creditor claim in hopes that her claim will be paid before and seperated from her inheritance. She did not provide any services prior to her father's death. I...
In DC, a lawyer performing services for an estate can be compensated from estate assets. If it is a post-1995 decease and an unsupervised probate, the personal representative can review and approve the bills. The services provided before the death are not relevant to this, though lawyers, like anyone else, can file a claim against an estate for services rendered to the decedent during their life. If the beneficiary here retained the services of the lawyer to represent herself, but she wishes to secure that payment from her share of the estate, the correct name for that pleading is called an Assignment. There are restrictions, and a motion may be required if the representation is on-going.See question
She is also a beneficiary on her mother's estate and filed a creditors claim to pay her legal fees.
First, the answer is "yes." At least in DC, anyone can file a claim against an estate after paying a fee and following the correct procedures. But, I think you are trying to ask whether a specific claim for legal fees will be honored by the appointed personal representative (PR) and ultimately paid. I need to know more before I could reach an opinion on that. Generally, only a lawyer who performs services for the benefit of an estate is entitled to payment from the assets of the estate. If you are a beneficiary, and you become the PR, you can select the attorney performing services for the estate and pay him or her from the assets. If your attorney assisted in representing you against the estate, then the fee comes from you, but, under some circumstances, you can secure it using an Assignment.See question
I'm an heir to my family home.I have two cousins that are also heirs to the property I'm. Trustee of the property.The cousins are not cooperating with the quit claim
There are times when "lawyer-ese" should be recognized as a useful language. This is one of them. I need to know whether this is an estate or a trust issue. If the property has a trustee, then it is titled to a trust, and, if you are the trustee, you can do whatever the trust instructions tell you that you can do (within the constraints of the Law). Usually, conveying title to real estate is included in the trust powers, and, subject to review by either lawyer or a title agent, you are good-to-go without the your cousins cooperation. But, then, you can't be the heir to a trust. Trusts have beneficiaries, but no heirs. If your cousins and you are heirs to the decedent -- your mother -- then the personal representative of the estate can convey deed. If the death was after 1995 and the decedent was a resident of DC at the rime of her demise, then there is no requirement to seek a bond or file a petition to sell. Just proceed. Your cousins can express their "say" by filing for a supervised probate. If, OTOH, you aren't the personal representative or one of a dozen other potential issues occur, you will need to address them. You might be better served to sit down with an experienced lawyer and discuss the issues so that the ambiguities aren't bigger than the case.See question
Supreme court has defined standard on determination of judicial act in context of judicial immunity. It clarified that judges have judicial immunity for an act that is performed within their official capacity. Let's assume a scenario, where a st...
I again agree with my learned colleague, Mr. Isquith, but I add what you already know: falsifying a transcript would be improper. It would be quite serious. It is a ministerial act, and a judge is usually not immune from process as to a ministerial act. Thus, there is a writ of mandamus, and, if I recall correctly, one of the most famous cases in US History, Marbury v. Madison, was a suit to compel a judicial officer to deliver commissions to magistrates. In your case, nnothing is going to happen concerning the putative transcript alteration unless you can prove it. Your opinion on the matter won't be evidence. But, the place to make that claim is the judicial ethics panel of your state. That will get you no remedy, but may get a bad judge off the bench. If the transcript supports the appeal (as in the judge told the reporter to falsify the transcript while on the record), an appeal might be efficacious.
I did hear something very close to this once in 32 years, and I concluded later that it wasn't obstruction of justice. If the judge disagreed with what you thought you heard on the transcript, and, maybe, even, if the judge ordered the transcript edited for some sensitive, immaterial point -- such as deleting a social security number or leaving off a minor childs name), it is the judge's role to make that kind of ruling. So, if you disagree, you object at the time and move to preserve the tape (which is probably preserved anyway), and you appeal. The appeal panel can listen to the tape itself.See question
This question is related to supreme court interpretation of immunity afforded to court reporter.
I'm with Mr. Isquith on this one: huh? DC Superior reporters are, I believe, still employees of the court, so, while I doubt they have judicial immunity, they might. But, Supreme Court, sovereign immunity, and the rest of the question doesn't make any sense. The reporter is a clerical functionary, and DC Superior tape records all proceedings. If the tape doesn't match the transcript, bring it to the judge. I'm not sure; these days, you might even be able to file the sound bite with the e-filed motion to correct. But, the only liability I can think of would be intentional perversion of the court record due to some motive, like corruption. I did once hear an allegation that some judge in a different court was editing his daily transcripts. That would be quite serious, I think, but I don't know how you'd prove it.See question
A plaintiff won a frivolous lawsuit since the judge was biased. The civil court also violated subject matter jurisdiction.
I'm not sure whether you are misusing terms and the other counsel are therefore misinterpreting your question. A defendant can file a claim against a plaintiff in the same court or even the same lawsuit. It is called a counterclaim. Often, the defendant's claims against the plaintiff MUST be filed because the counterclaim is mandatory because it arises out of the same body of facts. If you were the plaintiff in the frivolous lawsuit, the defendant can file a claim for an intentional tort, like abuse of process or malicious prosecution in the same court, though I would think most courts would require that to be filed in a different case. If I have interpreted your question correctly, you need to appeal the judgment if you still can, because you are at grave risk. Otherwise, you will be estopped from arguing that the prior case is anything except what the judge already decided.See question
Yes this is a friend, and not me so I do need advice. Please no get a lawyer responses. Friend is going into business in the US with someone who is flying in large (over 100k) in cash through the US without reporting it. He is telling her he is go...
I'm not going to check the other answers, because I'm in the car about to drive somewhere, but, in addition to being illegal if it is true, I'm willing to bet that the guy sending the foreign checks asks for his share in less than a few weeks. After the check "clears," it will turn out to be a forgery, and the money your friend sent overseas will be real money from her bank account. This scheme sounds too much like the scam making its way to law offices worldwide.See question
I worked for a firm in the UK for 5 years up to 1981. I have lived in the US since and have become a US citizen. I paid into a pension in the UK and now have to complete the forms required to receive my UK pension. My company in the US was in bank...
I agree with Mr. Lukken. This is a UK pensions issue. You need a pensions or employment benefits solicitor in the UK. I checked to see if the Avvo.com engine reached to UK solicitors, but I don't think Avvo.com has reached the UK Bars. If you don't have access to the old referral system, I'm sure I can get you a name in the UK. A brief consult ought to sort it out, as they say.See question
I worked online for someone living in Massachusetts, he owes me $800 and it's been months and has not paid me yet, just kept promising he will pay me ''soon.'' I am a Filipino citizen living in the Philippines. It was a home based call center wher...
The direct answer is that you can, of course, file suit in any appropriate court in the US, because foreign citizenship isn't an impediment. The appropriate court for small claims like $800 is usually a lower state court, and most states have simplified procedures and evidence rules in such courts. Consult a Massachusetts lawyer for more on that. The problem is that most such lower courts have heavily crowded dockets, and trials are often continued multiple times, and, each time, you need your witnesses to be in the location ready to testify.The costs will significantly exceed the $800 you are claiming, and such costs are rarely recoverable.
This is why experienced international businessmen include in their contracts protocols to ensure payment. There are many devices for that, and letters of credit or escrow accounts or surety bonds are some of them. What you really need is to lick your wounds on the $800 and invest in a properly drafted contract the reduces the likelihood of getting stiffed in the future.See question