Legal Question in Appeals and Writs in Virginia

medical

Ill try to be brief-----company ''A'' had given ''under oath'' statements that caused our attorneys to not to proceed with a lawsuit against this company (A)-----our attorneys stated that because of ''not enough evidence'' they couldnt continue and had to drop the case. 2 1/2 years later, company ''A'' pleady guilty and paid a fine of over 7 hundred million dollars to the government for damages. They had reversed their testimony (or lied in the beginning) and stated that everything we had claimed in the beginning was , in fact , true.......OK,,here is question,,,Our attorneys are claiming that the ''statute of limitations has run out(2 years)...If fraudulent testimony was given to cause the ''non suit for lack of evidence'',,,,should the statute of limitions still apply because of fraudulent testimony???

My daughter is in pre law and cant find any cases that dealt with that issue,,,,I do know in tax cases the the IRS can reopen cases, reguardless of statutes if they think fraud returns have been filed,,,shouldnt this be nearly the same thing,,,,,the funny thing about this is, the same federal court they once lied in was the same federal courthouse they pleaded guilty in 2 1/2 years later.

thanks


Asked on 6/14/07, 10:02 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: medical

Your attorneys were obviously "hornswoggled" by the company's counsel on the other side, and if they had taken the matter to trial, the lies and fabrications would very likely have been revealed and you may very well have prevailed in your case.

I know of no federal statutes which would toll the statute of limitations

in this kind of situation and allow for the refiling of the federal case by the party who was "hornswoggled".

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Answered on 6/14/07, 10:13 am


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