third-party to main defendent
we live in MN and was bought into a aviation case as a third party in ND. The defendant made some kind of settlement and now the plaintiff wants to make us the number 1 defendant. The work we done was in MN can they just make a motion or is there a way we can make them start all over in MN where we live and the work was done?
Re: third-party to main defendent
Once you have appeared in a matter, the only way to have it dismissed is by agreement of the parties or by order of the court. Do you have an attorney representing you in the ND action? If so, you should ask whether there is a procedure under North Dakota law that would allow you to move the case to MN. Perhaps, if it isn't too late, you could remove the case to federal court and at the same time request that the venue be changed to MN. Since the case is currently filed in ND, you need to speak with an attorney familiar with ND law, if you aren't already represented by one. Hope this helps.
