Can Defendants file a motion to dismiss instead of an answer to a complaint? Are they in default?
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- Опубліковано 28 лип 2024
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This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to Federal law as construed within the EEOC or the laws of New York State and should not be relied upon in any way in any other jurisdiction.
this was helpful for my qui tam case. As plaintiff, I hope we beat the MTD. Thank you
your important! we all are and even the things we do not know
Extremely helpful thank you!!!
I do hope you got to escape New York! thank you for the video, very informative
Wow, what great answers to the gentleman’s questions.
Hello Vince, the definition of punitive damages is malice, oppression and fraud by a managing agent. Could you give examples of all three in terms of discrimination and retaliation in employment law? This information is valuable because most of know that a jury award these damages but those of us that are still employed and don’t have attorneys could start gathering certain evidence to provide to an attorney if we’re ever fired. Thanks
@Vince / Sport Fanatic - Can a person acquire Attorneys Fees & Punitive Damages from a settlement? Or, are these only awarded after a full-on trial with a jury in federal court?
Another awesome video Vincent.
🧠💪🏼🧠💪🏼🧠💪🏼
Thank you 🙏🏼
I would love your opinion on whether I could have taken on a case myself. Long story short: I'm a federal employee. Another employee made a false report of theft to the agency police and they stopped and searched me. They found nothing and sent me on my way. I know who did it to harass me, but couldn't prove it. I was provided the police report with names redacted, and I tried to get the unredacted report to make a defamation case. I contacted several attorneys and none of them wanted anything to do with it.
The gist of what the lawyers told me. To subpoena the unredacted report, I would have to file a legal action in federal court and first survive a motion to suppress. The cost would be 10's of thousands of dollars, and likely not yield anything. And I was strongly discouraged from taking it on myself.
I just subscribed already like your personality and content Can you explain if you have pending court violations on a property under LLC and you would like to transfer the LLC to the sole owners name when you do that, will the violations be transfered to the owner and can they be addressed as the owner individual or would it still be on the LLC the reason for this is as LLC you cannot represent yourself in court. But as an individual you can represent. can you please specify in detail if this is possible and what will be done allowed by the courts? This is New York state
Greetings, Vince. Thank you greatly for sharing your wisdom and insight. I have a question concerning my unemployment appeal to the Franklin County, Ohio Court of Common Pleas. Can I as plaintiff file a motion for default judgment if the defendant fails to appear and defend? Thank you.
What is the best way for a summons to be served? If the defendants are represented and you know the attorney's information is it acceptable to serve the attorney's via defendants name c/o attorney's name ?
I'd suggest contacting Defendant's attorney and seeing if s/he will just accept service.
I watch lots of your Videos Can You Make a Video on the proper way to fire an attorney The Proper Way ?
Traffic cam tickets fail to state a claim since there is no injured party, at least in my situation. I made a reservation of rights under UCC 1-308 with my signature and requested a common law court of record and mailed the ticket back to them.
if someone takes pictures of your backyard in ny does the ny Senate Bill S870-A apply? is taking pictures of someones backyard illegal according to this law?
Our channel is limited to employment law, it's all we really know about. We just ignore any question or inquiry that isn't related to employment law because that's not what we do and not what we know. But I wish you luck with your situation.
How do you enter a video into evidence in a motion to dismiss case, criminal and in Pa?
I sued the state, and they tried this tactic. But I was prepared.
If the defendants attorney, files for a motion to sever the cases on a group claim. Is that hard to defend and could it give the attorney the opportunity to drop all the cases? If the motion is accepted?
Excellent vid! Im in NYC civil court. There was a 30-day court stipulation to file a verified answer which defense missed. The judge ordered all motions to be filed w/i 30 days, but defense filed a motion to dismiss afterwards. Is that legitimate?
When should discovery begin? Does it begin immediately after the defendant's answer has been filed and pending judge's ruling?
Rules differ from jurisdiction to jurisdiction, but usually I would urge a plaintiff's attorney to begin drafting their discovery demands as soon as Defendant submits their answer. Discovery deadlines will generally be set and recorded in a scheduling order. Check with local counsel for local rules.
If your Complaint is properly drafted, discovery can begin ... within ... said Complaint. Why? Because the defendant is required to answer each number paragraph in said Complaint, by stating they either admit, deny, or, they are without knowledge.
case dismissed on lack of jurisdiction
Hi, I am Isac Quincy Brown, I have been in prison now for the last 29 years, and I aim to use my losses to give teens better choices than prison. Prosecutor's expert witnesses said I have no DNA, no fingerprints, no firearms, no ATM video, and of the 14hrs. 28mins. interrogation, no video footage of that. I am innocent, this is my first arrest, and I'm currently barred from submitting any motions to the court. I humbly ask you, how can I discharge the debt of a life sentence?? Sincerely, Isac Quincy Brown.
I'm sorry Isaac, I only know about employment law.
@@JobAttorney , I humbly thank you anyways. One more thing, what should I do to get an interview on any TV news station or show, to bring attention to my innocence ??
@@QuincyBrown-di5gl Try "Innocence Project"
@jobattorney Thank you for answering this and the video was very informative. My situation is a bit complex but long story short I’ve tried to find an attorney, I filed a complaint about fraud and abusive work environment over 2 yrs ago. My direct supervisor supported and even found that leadership lied to us. My supervisor filed a complaint and then it got really bad. My supervisor quite after being cussed out by the Associate Vice President and they became harsher. I sought legal assistance after two different state agencies said my issue was out of their scope and the EEOC. Then they wanted to change my job and demote me after I pushed back on a Pip, and giving me a bad performance review. In my efforts of using the bar referral program with no luck, I went on the internet couldn’t find any that didn’t have a conflict. One attorney told me off the record. Your employer is big in this area and they have used as many of the regular employment attorneys to consult on reviewing cases as they had hired an attorney to review the complaints only to state there’s no real issues. But he told me this was how they operate so people like myself have no real options so I filed a case Pro Se. ITs been crazy stressful and I just can’t believe a state agency is allowed to operate like this.
Can state department answer you compliment if you file oppositions the mations dissmissed
Hey Vince , so I talked to my attorney this weekend , he is nervous about my case because he recently asked for an update on the status of the investigation of my Ada/retaliation/race discrimination case…the investigator of the Minneapolis field office said that the investigation is ongoing and if we would like she can stop everything and issue a right to sue letter, which greatly concerned my attorney as he felt that was her way of trying to dump our case 😮 my attorney said even though my evidence (especially the disability discrimination evidence) is very solid (dr notes, std leave, termination shortly after), although I had no performance issues whatsoever and my requests for accommodations were ignored until eeoc was contacted, so please do me and all the people out there like me a favor and make a video explaining how the eeoc is not here to help people of color , they only will consider helping women or LGBTQ individuals , as this information could have saved me a lot of time and heartache and headache , maybe it could help get some exposure on the the cases the eeoc actually litigates. I always check the eeoc website to see the cases they litigate and it is an overwhelming amount of cases where the people are suing out for discrimination during the hiring process , which seems to me to be a much more difficult case to prove than a disability and retaliation claim with video eveidence and dr notes and such. I am getting screwed over AGAIN by the American justice system , PLEASE HELP ME TO SHED SOME LIGHT ON THIS MATTER 🙏🏼
Btw my case has been in investigation for 11 months now, I filed the charge initially august of 2021, the investigator has not contacted me a single time during this investigation. She only responds to my attorney.
@@Antstrumentals Since you have an attorney, the investigator most likely will only respond with your attorney. The fact that you passed the initial intake and you have an investigator on the case is a good sign. Yes the EEOC/state agent are focused on current event claims as the EEOC uses those claims to adjust/recommend changes to existing laws. It is frustrating as to the slow speed it takes to get to the next step but it will happen. You have only just begun the process. let your attorney handle it and wait for the Golden Ticket (right to sue) and go from there.
The last thing you want to do is piss off the investigator..lol Also you should remove the names from your post. Yes "they" do monitor things.👊
@@DP-bc3xl but a right-to-sue letter isn’t a golden ticket, a probable cause finding and the eeoc moving to conciliation is a golden ticket , just can’t see the same government that has had its hand over my life in a negative way since the day I was born helping me now ,,and it shouldn’t take so long , it’s not a class action suit with dozens of people to depose, it’s just me my video evidence my personal file and all the dr notes from my primary care physician and endocrinologist explaining to deaf ears that had a serious medical condition and for my healths sake I should be granted accommodation , which ultimately was just my original position back that the company took from me when I complained about harassment and moved me to a position that was the most physically demanding of all the positions available in the hub
@@Antstrumentals I am NOT an attorney ...If your attorney says you have a case then work with your attorney. If you think your being retaliated against then you can simply amend your charge to include retaliation. Jurys don't like retaliation for the most part. All you need is "more likely than not". Watch as many of Vince's videos as you can and remember " it's temporary and doable". The Best of Luck! DP
@@DP-bc3xl thank you bruddah !
When CACULATING lost wages is overtime eligible to claim?
Yes. Definitely.
If a case is MUTUALLY dismissed, can I file a lawsuit for False Arrest ?
As I said before can't we just go back to an old fashioned duel.....defendants can bring a bag of money the amount equal to my claim Demand and if I win the duel I walk away with the money....if they win they can walk over my dead body ...grab their bag of money and go home....complaint dismissed....wouldn't that be easier than depositions....discovery ...interrogator and all that stuff ?
you're no fun! did you hear what he said? "you were dumb and believed your own lies" I enjoy being the graceful lady that I am and you can't own victory without integrity, besides I don't want to mess up my hair
1. My wife and I argued, but made up.
2. My wife went to her sister's for vacation. Her sister doesn't like me. They wrote a narrative for an order of protection filled with gibberish.
3. At the hearing, the female judge did not have time to read her narrative, so the judge relied solely on oral testimony. My wife sobbed. The judge ejected me for 1 year.
4. The year is almost up, but my wife's lawyer told me they are going for another 3 years.
What will happen? Do judges automatically extend orders of protection indefinitely?
Apologies, we only handle employment law here. Good luck to you.
@@JobAttorney
Best guess?
@@basicprogrammer6147 You're asking me to commit malpractice. I answer questions in my field and in my jurisdiction. Nothing else.
@@JobAttorney
Ah, understood. Sorry.
My new hearing is two days away. I am nearly broke, so I am pro se.
I am so nervous.
And yet... brews and a fatty on Friday?
Lol....corporate counsel said I failed to state a cause of action and wanted NYS DHR to dismiss complaint ....but the DHR wanted to at least hear it and assigned it to investigator ........Pro SE is a bad idea .....case was eventually punted by both admin agencies EEOC and DHR .......
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