After nearly three years of communicating with the insurance company's attorney via certified, faxed and email correspondence in a personal injury lawsuit that I have filed with the Civil District Court of New Orleans, I have recently received a copy of a Motion for Dismissal for Abandonment.
This comes weeks after I submitted the demand for settlement and finally receiving the policy of insurance which covered the rental property where I was a tenant when I was seriously injured and nearly died.
I fired my attorney in October of 2006 because he accepted a settlement offer without my permission and without having seen the policy of insurance and knowledge of the policy limits.
Q: When can a lawsuit be considered abandoned? What constitutes a "formal act" in the litigation? Can the matter be considered abandoned if discovery has been re-propounded upon the defendant?
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.
ANSWER for "Abandonment of a Lawsuit":
Each jurisdiction is different and as a practicing attorney in New York, I do not know the answer to your questions. The Motion for Dismissal should site the case law and/or statutory law which will answer your question.
The judge who decides the motion will have some leeway. Your affidavit in opposition should show all the acts you have taken to prosecute your case. Submit copies of all your letters and the certified mail receipts and, if you have kept one, a log of your phone calls.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.