Legal Question in Business Law in California
Thank you for any help. My question is I sued a film distributor for misrepresenting our film on their web page. The U.S. District Judge, a 90 year old senile man, granted them a Motion to Dismiss without leave to amend which was extremely not fair. Do you think I should appeal to the Ninth Circuit? What are my chances? The film company has said they would waive their legal fees if I sign a release. What are your thoughts?
3 Answers from Attorneys
It would be malpractice for me to offer an opinion on a question like that without reviewing the entire underlying matter and the case file. The Ninth Circuit is going to decide the matter on the record, and the law. It is not going to decide something like that simply because you accuse a federal judge of being senile.
I agree with my colleague here. This sounds like you are approaching this pro se, so I would assume you have a lot of time to burn here. I would first get a professional opinion in the underlying matter before doing anything. You know, when pro se plaintiffs preface by saying their action was shut down, but it was because the judge was off his rocker we all roll our eyes and say "yea, sure he was."
This is not to say that you have no case. You may. And I know many judges that are certifiable, but the odds are in favor that you just have no viable claims.
Consult a lawyer in private and have a proper case/matter analysis done. Then if you choose to move forward, have at it.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
I think you need to have your case read and reviewed by an attorney with experience in civil litigation in Federal court. A dismissal without leave to amend points to serious technical flaws in the pleadings filed. The shortcomings of your suit may not be obvious to a person not trained in the law, especially Federal civil procedure, and may have little or nothing to do with its merits as you see them. Also, judges have staffs of lawyers who assist them in reviewing challenges to filed complaints, so the grounds for the dismissal here may have been suggested by someone on the judge's staff of far fewer years.
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