Now that I’ve had a chance to review Bank of America and Mellon Bank’s joint Motion to Dismiss, I need to work on my reply. Since most of my allegations have previously been made by other litigants, my research begins by looking at similar cases in the PACER system, and finding case law that supports my case.
One of my Causes of Action, however, is novel, and not likely covered in any other lawsuit. It’s Cause of Action #10 – Failure to Prove Damages. The legal theory involved is that you can’t sue for more than the actual damages you’ve incurred. If your neighbor burns down your house, and your insurance company reimburses you for your loss, you can’t sue your neighbor for the same loss again. You’ve already “been made whole.”
Since I’ve never done any legal research before, I ask my contracted law firm to do the legal research on this one item. Looking forward to see what they come up with …
GOOD LUCK in your endeavours to win your case. I have a friend who has spent over $50,000 on lawyers to fight her case against Bank of America. Her lawyer started off representing her case great for over a year, but wants more money to continue. He will not move on with the case if she doesn’t give him more money, but he has not done anything for 8 months and now she does not trust him. I’m sure you will get a LOT of education from acting as your own attorney. GOOD LUCK, we will be following your case.