Served and have some questions

[spaceclown]

What is the name of your state (only U.S. law)? MO

I was served today and named in a suit against a company I am not an employee of. I have done services for the sued company but only compensation has been in products meaning no monetary of w-2. The suing company was aware of this before I was named in the suit. I am hoping my legal representation would be from the company being sued. The case states Owners name, Owners company, My name, Owners company. The suit about patent infringement. I have nothing to do with creation, formulation, yada yada about anything. Only thing I did for the company was to answer questions pertaining to the products and in return received free products. Oh the the case the company is being sued for and the one with my name is the same case number. It also lists John Does and I assume I was one of those at some point. So I am waiting to see what the companies legal representation says about me being covered by them. It makes me ponder if naming someone not an employee will help the owners case as imo it's a frivolous lawsuit made up for other reasons used to just bankrupt the company. Lastly can I counter sue or similar for libel or something for bringing me into this case and possibly having to incure legal expenses. Lastly they are a Canadian company that filed in the state of New York and the Owner company is in Washington state and I am in Missouri. Pretty confusing huh? Thanks in advance

 

[seniorjudge]

You must hire your own lawyer.

 

[spaceclown]

You must hire your own lawyer.

Wonderful. So being poor what options do I have. Is there documents I can file myself to get this transferred to the state I reside in? At that point I could get a public defender against my best judgments but imo it seems pretty clear I am not an employee and have nothing to do with this lawsuit. For the other question does there seem to be a counter suit in anyone's opinion?

 

[seniorjudge]

You cannot be appointed a lawyer in a civil case.

 

[spaceclown]

You cannot be appointed a lawyer in a civil case.

If someone can not afford a lawyer and are being sued in another state how does that work? I am willing to file whatever paperwork with the court to get things transferred. BTW they are doing this run around to financially penalize us and they know the case is bogus but would take years of litigation. Basically the big company stepping on the lil guy type of thing

BTW I really appreciate you helping me.

 

[seniorjudge]

You must hire your own lawyer.

Preferably one who is right across the street from the courthouse where the case is filed.

 

[spaceclown]

You must hire your own lawyer.

Preferably one who is right across the street from the courthouse where the case is filed.

Can you tell me anything positive?

 

[seniorjudge]

Can you tell me anything positive?

Yes.

The stock market only went down 223.73 points today.

 

[Zigner]

Can you tell me anything positive?

Yep.
I'm positive Seniorjudge is correct!

 

[spaceclown]

LOL well thanks for the laughs. I think I will be crying soon

 

[tranquility]

Yes, sad to say, only an expert can help you.

 

[spaceclown]

Yes, sad to say, only an expert can help you.

I know this but the tone of the thread sounds that even with an expert the outcome is not looking positive even though the suit is frivolous and an apparent abuse of process.

 

[Texas Pooh]

OP,

No one has suggested anything about the outcome. We can't even begin to guess, since we don't have any facts.

What is clear is that you must hire your own lawyer, and that the lawsuit will be litigated in the state where it was filed. You won't be able to move it to your jurisdiction.

There may be many defenses that your counsel can raise that would allow you to be dismissed from the litigation at any early stage, but only your lawyer can figure that out.

Good luck.

 

[spaceclown]

OP,

No one has suggested anything about the outcome. We can't even begin to guess, since we don't have any facts.

What is clear is that you must hire your own lawyer, and that the lawsuit will be litigated in the state where it was filed. You won't be able to move it to your jurisdiction.

There may be many defenses that your counsel can raise that would allow you to be dismissed from the litigation at any early stage, but only your lawyer can figure that out.

Good luck.

No worries I was just a bit stressed so my apologies. I talked to a good friend and wife that both happen to be lawyers and feel better. Shouldn't be an issue getting my name dropped and he is working on a case for me against them. I do however appreciate the honest responses I got even though it may not always have been what I wanted to hear. Again thanks all.

 

[spaceclown]

New question

After further investigation I have another question. I am not worried about the original case as from an attorney it looks like being dropped from the case will more than likely happen. Now to my question. I was looking at Rule 11 Federal Rules of Civil Procedure - Rule 11 (LII 2007 ed.) and feel this is what is happening here. This case is a obvious frivolous suit and the basis for the filing actually has nothing to do with the case at hand. The company itself was not happy by some things I may have said about them. They thought I was an employee of the company being sued but that is not the case. The reason I know why the case came about is a PI for the suing company specifically told me the reason. I figured his testimony would prove the case itself was frivolous and falls under Rule 11 (b) (1) "(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;"

Lastly would do you feel a lawyer would work on a section 11 case on a contingency fee?