Legal Question in Appeals and Writs in Massachusetts
High Profile Case -Appeal
Can I win an appeal for a case that was dismissed under 12b (Federal Rule) by arguing that my complaint shouldn't have been accepted by the judge? I wrote a basic note to Federal Court asking for a cease and desist against a production company who stole my television show. They had it dismissed under 12B. It was dismissed without prejudice. I asked for a motion to reconsider and also an authorization to write a formal complaint since one was never submitted. It was denied. It is now in appeals court, Federal District One. I have a brief due by June 4th. Also wondering if I can just refile a new case correctly.
1 Answer from Attorneys
Re: High Profile Case -Appeal
If the case was dismissed withOUT prejudice, you should just be able to refile, but must do so correctly. The federal court rules are very strict and failure to follow them correctly can (as you have learned) result in dismissal of the claims. Even dismissals with prejudice in certain circumstances.
If you have legitimate claims, you are wasting your time (and the claims!) doing it yourself, as the defendant simply won't take you seriously. If the case doesn't get bounced for procedural violations, the chances that you can successfully litigate and prove the required legal elements resulting in relief in your favor is virtually nonexistent. If you value the claims at all, contact a lawyer. Representing yourself as plaintiff in federal court is essentially throwing the claims away.
Feel free to contact me if you are serious about pressing federal court claims and if you really expect to obtain any of the relief you think you deserve.
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