Judge removes my name from lawsuit

[Paul LeFevre]

I am involved in a replevin lawsuit because I was at the scene when my brother and his wife and I took possession of some refined hemp product. The suit is going in our favor on many issues. No problem there.
My brother has filed a counter suit which he originally said I was a part of. He now says the JUDGE removed me as part of the plaintiffs action.
Is that even possible? Or is my Bro blowing smoke up my aarse?

[speeder]

I'd start w spelling "suit" correctly, or better yet, write "lawsuit." I seriously did not know wtf you were talking about when I saw the thread title and only figured it out w some translation after reading. What is "replevin?"

A judge can absolutely remove you from a lawsuit. You need a lawyer, not an internet car forum.

[RWebb]

yeh, I thought he was cohabiting with a judge, or sharing an office or something...

in federal law there are requirements for who can be a party to a suit, who can intervene, who can write up some nice advice (amicus), and who must be 'joined' by say a plaintiff

most/all states have similar reqs. and it sounds like a state suit

your head will spin after your attorney explains it to you and you do need one

good luck

[MRM]

Replevin is where you sue to have something returned to you rather than for money damages. If someone takes your car and totals it, you would sue for money damages in a conversion action because the car has been “converted” into something else and only money damages are able to make you whole. But if someone takes your car under some color of ownership and it’s still in it’s original condition, you sue for replevin. You can also sue for money damages under an alternative remedy under a different claim but return of the property is the big issue.

It sounds like the OP’s brother has a dispute with someone about who owns some hemp product and they used self help remedies to get it back. The other side is suing for the return of whatever the OP and his brother took. There’s more to the story so the OP’s brother is counter suing under a different cause of action for money damages. It sounds like a business deal gone bad so he’s probably suing for breach of contract and maybe conversion for the original taking. Or maybe they got injured taking the stuff back and they’re suing for assault.

To the OP, yes it’s entirely possible. To be part of a replevin lawsuit you have to have an ownership interest in the disputed property. Otherwise you don’t have standing to maintain a lawsuit. You have to have specific damages that are personal to you, you can’t just join a suit in supporting the plaintiff.

It sounds like the judge ruled that you don’t have standing to be part of the suit. Since standing is a question of law, a judge can decide whether someone has standing at specific points in the case.

So yes, what your brother says could be true, but no one here has any way of knowing anything for sure without a lot more details.

[Paul LeFevre]

It sounds like the OP’s brother has a dispute with someone about who owns some hemp product and they used self help remedies to get it back. The other side is suing for the return of whatever the OP and his brother took. There’s more to the story so the OP’s brother is counter suing under a different cause of action for money damages. It sounds like a business deal gone bad so he’s probably suing for breach of contract and maybe conversion for the original taking. Or maybe they got injured taking the stuff back and they’re suing for assault.

To the OP, yes it’s entirely possible. To be part of a replevin lawsuit you have to have an ownership interest in the disputed property. Otherwise you don’t have standing to maintain a lawsuit. You have to have specific damages that are personal to you, you can’t just join a suit in supporting the plaintiff.

I have a $40,000 investment in the growing of the hemp. The people who were converting the biomass to cbd have less than $5000 invested. My brother has about $300,000. My brother has filed a $800,000 counter suit.

Thanks for your help MRM.

[biosurfer1]

Originally Posted by Paul LeFevre

I have a $40,000 investment in the growing of the hemp.

I wonder if this is the issue. Does investment in something mean you have ownership? Or would it be more likely your brother moves forward with the lawsuit and you receive your investment back from him if he wins?

[speeder]

When asked for advice on issues like this, my dad, (an actual lawyer), used to say, "kill the fuker and give me a call. I don't do replevin suits.

[MRM]

If a corporation or LLC was involved the judge may have ruled that the suit has to go forward in the corporate name, not the individual’s. The shareholders in the corporation have an interest in the outcome through their ownership of shares, but the shareholders would not sue in their own names.

The opposite is not true for the OP. He is being sued personally for participating in the taking of the disputed stuff. Since he participated (or at least was present) he is being sued in his individual capacity, in addition to whatever claims and counterclaims are being made against the corporations.

I knew Speeder’s dad and can confirm that’s exactly his legal analysis. And he would have been able to make it work, too! He was scary good in the courtroom. He would have been absolutely terrifying in a dark alley

[Paul LeFevre]

There are 3 LLC's and three individuals involved. The judge has combined the replevin case and the counter suit. The counter suit hopefully proves that the people processing the biomass have stolen and sold product not owned by them. There was a police report filed at the time of the "robbery" that the DA dismissed.

[wdfifteen]

I find this kid of stuff fascinating. I enjoy any post the lawyers here chime in on.

[Kraftwerk]

New word for the day: "replevin" Wow. I never heard that before, thanks... and by "hemp" is that the same thing as "weed" .. or not really??
Always willing to learn something new

[Arizona_928]

Morenci... Small town.

Hemp is different than marijuana. Thc content


I know a hemp farmer in Kentucky that this happened to. Stole all his product. Last I know they still haven't been paid. Sue them until they bleed from the ass.

[Paul LeFevre]

Morenci, not just small, very small. Lots of copper though.
Hemp has little THC. Grown in this case to produce CBD oil.

[KFC911]

Yer losin $ the hard way....should've invested in ACB like I did

Don't need MRM to explain it to me either

[GH85Carrera]

I still remember the shock of getting served years ago. A chick I had dated for a year was selling her house and her ex-husband (they were long divorced when we dated) wanted his part of the revenue. I was un-involved, had zero interest in the house. I never did figure out how my name got on the law suit at all. It was easy to sign away all interest and I was done. We had stopped dating for almost a year when I was served.

Different deal with your mess.

[Arizona_928]

Originally Posted by Paul LeFevre

Morenci, not just small, very small. Lots of copper though.
Hemp has little THC. Grown in this case to produce CBD oil.

I've been. I have a cousin that lives in Freeport housing. Good hunting though.

Are they growing out there on that side of the state? Just curiosity.

[speeder]

Originally Posted by KC911

Yer losin $ the hard way....should've invested in ACB like I did

Don't need MRM to explain it to me either

Ok, I’ll bite. What is ACB?

Originally Posted by speeder

When asked for advice on issues like this, my dad, (an actual lawyer), used to say, "kill the fuker and give me a call. I don't do replevin suits.

Always the best advice.

[speeder]

He was a criminal defense lawyer. When someone he went to HS with called about a defective refrigerator they bought, he'd say, "kill the fuker." He was a funny guy.

[Sooner or later]

Originally Posted by speeder

Ok, I’ll bite. What is ACB?

Aurora Cannabis