"Some Sort of Hearing"
We submitted a Petition for a Writ of Certiorari to the United States
Supreme Court on the matter of our legal malpractice lawsuit. The State of New York Court of Appeals refused to review the decision of the New York State Supreme Court, Appellate Division, First Department, that upheld the lower Courtís dismissal of the lawsuit.
The suppression of our legal malpractice lawsuit by the New York State Courts was unconstitutional. It was made on the basis of gratuitous comments by the Judge in our medical malpractice case. In that case no evidentiary hearing was granted us over our allegation that we had been defrauded and coerced into signing away our right to speak about our sonís death as a condition for receiving compensation. The New York State Courts violated the Federal requirement for Procedural Due Process. As a consequence, our Seventh Amendment right to sue was ignored. "Some sort of hearing" (fully documented in the Writ) is required before a fundamental right granted by the Bill of Rights of the Constitution of the United States can be taken.
However, on March 28, 2005, the United States Supreme Court refused to review the matter. This action did not mean we are incorrect. As the Court points out, many petitions for which the decision is "Cert Denied" are legally correct. The problem is that the Court receives over 8,000 petitions each year and only reviews around 70 of them in any year.
We believe the Court was mistaken in not granting Certiorari. As we point out in the Writ, the Speken lawsuit has serious implications. State Courts have been all too willing to impose a vast silence over the details of medical malpractice. With a minimum of 180,000 dying each and every year from medical malpractice, silence does no one any good. Our case has demonstrated how the New York State Courts would go to any length to achieve silence, even to ignoring our Constitution. This will be clear to any one who explores the United States Supreme Court motions.
Click for PETITION FOR A WRIT OF CERTIORARI
Click for BRIEF IN OPPOSITION
Click for REPLY BRIEF
Click for Justice Denied
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