Legal Question in Civil Litigation in Washington

summary decisions in federal court

During the summer of 1997, I had a federal case dismissed from court by summary decision. My lawyer informed me that I would have to file in state court. When I went home and told my boyfriend, the first question he asked me was "why not appeal the decision?" I assumed that the option was not available. Was it? If so, what was the window of opportunity for the appeal? I feel that if this option was available, what my attorney did in not informing me to that affect borders on malpractice. If this is true, what are my options for A)seeking damages from her as a result, B)appealing at the federal level to get the case reviewed by a neutral entity (I'd like the case back in federal court if possible), and C)finding adequate representation?


Asked on 5/20/98, 9:51 pm

1 Answer from Attorneys
Lawrence Glosser Law Office of Lawrence S. Glosser

Summary Judgment

Most summary judgments can be appealed. The 9th Circuit Court of Appeals hears those cases for Washington State. However, the appeal period is typically 30 days, which has long passed. What did your attorney tell you about appeal? Depending on the nature of the summary judgment, there may be no basis for appeal, even if there is an appeal right. For instance, if it is diversity case, and the damages claimed are less then $50k, it cannont proceed in federal court. If it was a substantive rather than procedureal decision, you might have a claim against the lawyer who failed to appeal. However, you would probably have to prove that the appeal would have been successful.If you wish more information, you can call my office at 206 292-5952

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Answered on 6/15/98, 4:31 pm


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