法律窗口：美高院将开审，原告却无踪影

choi

VOA Chinese, Dec 19, 2014.
www.voachinese.com/content/plain ... 141219/2566510.html

M comment:
(a) I had a posting on Dec 10, 2014, about a report in Wall Street Journal. The title of my posting was

A Chinese-American Petitioner Disappeared in a Supreme Court Case.
(b) The VOA report explains that Supreme Court takes up his case, not because of the substance (whether he should win or not), but of procedures (whether his case can go forward, having been dismissed for lack of service on defendants within the prescribed 120-day period. This kind of dismissal allows a plaintiff to refile, but if the dismissal occur after the statute of limitation (usually three years), refiling is doomed. Most likely this is what is happening. Otherwise the plaintiff would not have appealed from federal district court, and having failed in the appeal, petitioned to Supreme Court.