Bob,
I just read through the decision (thanks for sending it).
It seems to me that you brought the case to the wrong court and that by
doing so you tied their hands up and they were forced to kill your case.
Obviously I’m not an attorney, and I’m sure you’ll point that out in your reply,
but it seems to me that the decision has nothing to do with PRB-1 per se and
instead points out your procedural error. Apparently the federal court’s
hands were bound into upholding the state court’s decision because of
that.
The court writes “Although DePolo suggests that we should decide this
case on the merits and hold that a 12(b)(6) dismissal is simply not appropriate
here, the procedural posture of this case precludes our review of the merits of
his claims.”
You say a lot in your email that puts the court at blame but I’m sorry, I
wonder where the fault lies.