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  1. #1

    Default Suing in the U.S. District Court for the Southern District of New York in Manhattan

    My question involves injury or loss that occurred in the state of: New York
    I was with a Major musical act in the 80's and had a Mega Hit-on a Mega CD in which I wrote 3 songs-and my agreement with the artist and his publishing company was 10% of all proceeds from the songs - which I agreed upon!! And signed the contracts also. But his Legal firm in New York called me sometime after I got my first royalty check and told me; they were - being the publishing company were going to pay me 5% of all album sales - which means that I would make more money!!! I said sure but didn't sign any contract to that decision-good thing I didn't because-The Artist died and now I have problems getting any kind of communication with the accounting firm. My contract was in perpetuity meaning till death!! Well he's gone and I am down here in Florida trying to figure out if I have to go to New York or can I sue them through The US District Court or some other legal means!! And I will have to file an Au Forma Pauperus form as I am not financially able to pay for this action!!! I will be suing The publishing company for 2 Million-the lawyer who I dealt with the entire time of this agreement for 2 Million - and his accounting firm for 2 Million!! Please help me with this matter!!!

  2. #2
    Join Date
    Aug 2007

    Default Re: Suing in the U.S. District Court for the Southern District of New York in Manhatt

    In forma pauperis only covers the filing fee, if approved.

    You need a lawyer, don't try it alone, consult one for work on a contingency basis.

    Diversity suits are permitted in Federal Court for litigants from different states IF the amount in controversy is at or above $75,000.00.

  3. #3
    Join Date
    Mar 2009
    Key West, FL

    Default Re: Suing in the U.S. District Court for the Southern District of New York in Manhatt

    However, you have to pretty much prove an amount in controversy of 50k or more. It can't be speculation or in punitive damages.

    I seriously doubt you will get in forma pauperis unless you are in prison, and even then I have seen it turned down. As mentioned, that is just the filing fee. There are still fees for service, depositions and all sorts of other things.

    The defendants will also probably fight to move the case to New York.

    You really do need to have an attorney in federal court.

    PS: This claim is NOT personal injury, it is breach of contract.

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