General Procedure Question
I'm not sure where this would fit in as far as questions. I guess it's a general question involving procedures?
If I had an employment case thrown out of court on the basis that the Plaintiff's Attorney "did not make his appearance" and therefore there was a "lack of prosecution", what does that mean exactly? Can they refile the charges? And if so, does that mean that they have to open up an entirely new case file?
Also, I need a lawyer who would be interested in taking on a Dragonetti Act lawsuit.
Answers (1)
If a case is thrown out of court because the attorney did not appear, it might be reopened.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, if a case is thrown out of court because the attorney did not appear, it might be reopened. It is a little difficult to predict at this point, as I don't know exactly which documents were not filed, nor why. However, it may be possible for the employee to reopen the case; this may happen if the attorney failed to file necessary documents and the employee was not at fault. It is more likely, however, that the case will remain closed. In that instance, it is likely that the employee cannot refile as many statutes of limitations would have run by this point. Without knowing the claims and dates, I cannot tell for sure. If the employee cannot reopen or refile, the employee may have a claim against the attorney for malpractice.
I have handled Dragonetti claims before, and they are difficult claims to make. I would be happy to discuss your claim with you, however; if you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Apr 15, 2008 10:22 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, if a case is thrown out of court because the attorney did not appear, it might be reopened. It is a little difficult to predict at this point, as I don't know exactly which documents were not filed, nor why. However, it may be possible for the employee to reopen the case; this may happen if the attorney failed to file necessary documents and the employee was not at fault. It is more likely, however, that the case will remain closed. In that instance, it is likely that the employee cannot refile as many statutes of limitations would have run by this point. Without knowing the claims and dates, I cannot tell for sure. If the employee cannot reopen or refile, the employee may have a claim against the attorney for malpractice.
I have handled Dragonetti claims before, and they are difficult claims to make. I would be happy to discuss your claim with you, however; if you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Apr 15, 2008 10:22 AM [EST]
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