Very Law’s Nicholas R. Dinardo successfully argues a Motion for Reconsideration
Recently, the Very Law team was involved in a paternity fraud case where one of our opponents passed away during the litigation process.
As a result of the person's demise, our opponents obtained an order which required our client to be responsible for the following:
1. Open an estate to represent the deceased person. In other words, this is in regard to the managing of the estate, and appointing someone to represent the deceased person, file all papers and so on.
2. To pay for all opposing counsel fees relating to this case.
In the United States, there is a rule called the “American Rule”, which stipulates that each party is responsible for their own legal or counsel costs unless there is a statute or a contract to say otherwise.
Paying for the administration is the natural order of things, however, our client shouldn’t have to pay for the appointment of the defense counsel. Which is what we were arguing against.
The opponents argued that we had not filed an appeal within 30 days and therefore we were barred from seeking reconsideration.
Fortunately, our team, after much research, found a rule that allows us to file a motion for reconsideration anytime. Thanks to this rule, our associate, Nicholas R. Dinardo, successfully argued the motion, using the basis of the American Rule to convince the court to change its mind.
Nick's motion was successful, which overcame a significant obstacle for our client.
If the motion had not been successful, our client would have been required to pay for both our legal fees and those of the opposing side throughout the entire legal process, which would have become financially unfeasible for them to continue pursuing the matter.
As a result of the successful motion, our client can continue to pursue the ongoing paternity lawsuit without the burden of excessive legal fees.
Thanks to this successful argument, our client will no longer be liable to pay the opposing side’s counsel fees. Motions for Reconsideration aren’t always successful, so being able to convince a judge to change their mind was a huge achievement for us.
Civil litigation cases can be very complicated; sometimes, you might encounter legal situations that are difficult to navigate. Our team of attorneys are committed to standing by your side to the very end of your case—always.
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