Jurisdiction????

[clay558zz]

South Carolina


I am Pro Se but this is a strange situation.
Walgreens filled my prescription incorrectly while I lived in Tennessee.
I had several strokes (TN)
The case went to trial (TN) 6th District
Walgreens committed fraud upon the Court (TN) 6th District
I moved to South Carolina
Filed Motion for new trial (TN)
Appealled and lost (TN) Sixth Circuit Court of Appeals
Walgreens stopped blocking my attempts to gain evidence of the fraud.
I gained the proof but TN claims the case is over and no appeals are allowed.
Sixth Cirguit Court of Appeals requires leave of the District Court to Appeal
The District Court is unwilling to docket or review the proof.
I want to file a lawsuit in SC for Intentional Infliction of Emotional Distress due to Denial of Justice.
TN District Court no longer has Jurisdiction due to proven fraud upon the Court.
WHO HAS JURISDICTION?????????????????????????
And how can I file in SC,,, I do not want to file in TN
Thank You

 

[Adam G]

The case went to trial (TN) 6th District
Walgreens committed fraud upon the Court (TN) 6th District
I moved to South Carolina
WHO HAS JURISDICTION?????????????????????????
And how can I file in SC,,, I do not want to file in TN
Thank You

You can file it in South Carolina but Walgreens will get it removed to Tennessee. South Carolina really has no connection with the case, which has already been litigated to death in Tennessee.

My questions are 1) what was the result at trial originally and 2) why didn't you appeal to the Tennessee Supreme Court if you didn't agree with the appellate court's decision?

 

[ecmst12]

You are clearly in WAY, WAY over your head and you should let this go before you waste any more time on it. If no lawyer will take your case, it's because you don't have one.

 

[clay558zz]

I am planning on filing a claim for Intentional Infliction of emotional distress under SC's Long-Arm Statute

You have to remember even though the evidence was late - fraud upon the court is a proven fact.

There is 100 pages of documented evidence.

Including:

An affidavit from the V.P. of the CO. that made the pill swearing the pill Walgreens showed in court is false.

A Declaration by a highly respected forensic expert proving Walgreens primary exhibit was created 11 days before the trial using Photoshop version 7.0 software

 

[clay558zz]

Adam it was the US Sixth Circuit Court of Appeals - the next court was the Supreme Court

 

[Adam G]

I am planning on filing a claim for Intentional Infliction of emotional distress under SC's Long-Arm Statute

You have to remember even though the evidence was late - fraud upon the court is a proven fact.

There is 100 pages of documented evidence.

Including:

An affidavit from the V.P. of the CO. that made the pill swearing the pill Walgreens showed in court is false.

A Declaration by a highly respected forensic expert proving Walgreens primary exhibit was created 11 days before the trial using Photoshop version 7.0 software

If you moved for a new trial (based on this newly discovered evidence) and the motion was denied, then your IIED claim in South Carolina will likely be dismissed res judicata. The matter was already decided in Tennessee.

At some point you just have to call it a day and move on. This pro se IIED claim isn't going to stick.

 

[clay558zz]

I am not seeking a retrial.

I am filing a claim under SC Intentional Infliction of Emotional distress - A separate Independent cause of action.

Besides fraud upon the court is a proven fact and by law every proceeding in TN is void.

 

[Proserpina]

I am not seeking a retrial.

I am filing a claim under SC Intentional Infliction of Emotional distress - A separate Independent cause of action.

Besides fraud upon the court is a proven fact and by law every proceeding in TN is void.

Clay, if I might ask, what were you told by the attorneys who haven't taken your case?

 

[Adam G]

I am not seeking a retrial.

I am filing a claim under SC Intentional Infliction of Emotional distress - A separate Independent cause of action.

Besides fraud upon the court is a proven fact and by law every proceeding in TN is void.

I know you're not seeking a retrial and I know what IIED is (a claim that wins a very small percentage of the time even when brought by an expert in that area of law). My point is, the fraud upon the court thing should have already been raised when you moved for a new trial and on the appeal. If you did not bring it up on the motion for a new trial, then you probably waived the issue.

Here's what I was talking about re res judicata:


The Supreme Court of South Carolina has held that res judicata applies if the following elements are met: (1) the identities of the parties are the same as in the prior litigation; (2) the subject matter or cause of action is the same as in the prior litigation; and (3) there was a prior adjudication of the issue by a court of competent jurisdiction. Johnson v. Greenwood Mills, Inc., 317 S.C. 248, 250-251, 452 S.E.2d 832, 833 (1994); Griggs v. Griggs, 214 S.C. 177, 51 S.E.2d 622, 627 (1949).

In the application of the doctrine of res judicata, if it is doubtful whether a second action is for the same cause of action as the first, the test generally applied is to consider the identity of facts essential to their maintenance, or whether the same evidence would sustain both. If the same facts or evidence would sustain both, the two actions are considered the same within the rule that the judgment in the former is a bar to the subsequent action. Moreover, before the doctrine of res judicata is applied in such cases, it should appear that the precise question involved in the subsequent action was determined in the former action.

Griggs, 214 S.C. at 177, 51 S.E.2d at 626.

http://www.sccourts.org/opinions//unpublishedopinions/HTMLFiles/COA/2006-UP-378.htm

 

[clay558zz]

All valid points all were done. Walgreens blocked freedom of information information I needed for 3.5 years. I had to get the release by the Federal District Court in SC. Four months later I could document 4 separate acts each of which constitutes fraud upon the Court.

Walgreens ran the clock out and the court will not view the evidence.

 

[clay558zz]

Adam the Independent cause of action is based on Intentional Infliction of emotional distress, mental anguish, humiliation, denial of due process under the 14th Amendment and others.

However, the acts that caused the above where not the proceedings. It as the act of creating additional documents during the appeal process.

 

[Adam G]

Adam the Independent cause of action is based on Intentional Infliction of emotional distress, mental anguish, humiliation, denial of due process under the 14th Amendment and others.

However, the acts that caused the above where not the proceedings. It as the act of creating additional documents during the appeal process.

You something about freedom of information, did you mean written discovery? What was the fraud?

 

[tranquility]

I am uncertain how the OP thinks he has a cause of action here. He needs to PAY for a consult with a local attorney who can look at the actual facts. I think that, depending on the specific facts, this is very close to malicious prosecution.

 

[clay558zz]

Facts Walgreens committed fraud upon the court
Blocked my efforts to get proof for 4 years
Was able to end the matter and 2 months later I had the proof
I have a severe brain injury they used it to win
Mental Torture my life is hell I think about it every second of every day

Fraud
Created false exhibits, withheld critical evidence, created drug data sheets, solicited perjury, created false bottle labels, and others ... YES I CAN NOW PROVE EVERY ACT LISTED.

 

[ecmst12]

And NOW, it doesn't matter, because the case has been ajudicated.