Scott McMillan San Diego attorney operated McMillan Law Firm, La Mesa that Michelle Volk was an attorney with for several years. San Diego attorney Michelle Volk During now works for a small law office of John-Howard-Attorneys. It is possible San Diego attorney John Howard was not aware of the multiple omissions and/or half-truths Michelle-Volk-San-Diego omitted from her bio, many of which are found in this post.
Another embarrassing matter Michelle Volk took part in was a frivolous lawsuit against the ATF. In fact, the lawsuit was such an embarrassing moment at the McMillan Law Firm La Mesa, in 2017 a federal judge called it “silly”. See the federal appellate judge’s comments for yourself in this Ninth Circuit oral argument video clip.
Several other cases Michelle Volk played some part in while working for San Diego attorney Scott McMillan included one where Michelle Volk suffered a major loss where she asked the court for over $62,000 in attorney fees. La Mesa attorney Scott McMillan asked the court for over $216,000. See the below chart and verify for yourself in San Diego Superior Court in Ozzie MANCINELLI, an individual, Plaintiff, v. Kathleen, 2004 WL 5351882.
Other cases Scott McMillan that operates out of a small office at 4670 Nebo Drive, La Mesa, includes several losses where judges have outright dismissed the cases he filed:
“For these reasons, Lycurgan’s motion to dismiss the amended counterclaim for defamation, Count X, is DENIED.”
(Lycurgan, Inc. v. Rood (N.D.Ind. Dec. 3, 2014, No. 3:13-CV-1331-JD)
It is respectfully RECOMMENDED that Defendants Double A. Industries, Inc., and Lycurgan, Inc.’s Motion To Dismiss, Or In The Alternative, Transfer Venue (Doc. 35) and Defendant Dimitri Karras’ Motion To Dismiss, Or In The Alternative, Transfer Venue (Doc. 48) be DENIED.
(Ares Def. Sys. v. Karras (M.D.Fla. Mar. 10, 2016, No. 6:15-cv-1107-Orl-22DAB)
Scott McMillan also lost a case in the United Supreme Court,
“Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.”
(McMillan v. United States (1996) 517 U.S. 1235 [116 S.Ct. 1879, 135 L.Ed.2d 174].)
Besides the fact Scott McMillan has been sued twice for legal malpractice in San Diego Superior Court and sued for fraud and legal malpractice in federal court Brightwell v. The McMillan Law Firm, Scott McMillan, Michelle Volk, Southern District of California Case 16-CV-1696 W (NLS)., Scott McMillan appears to have committed legal malpractice in another case where the court said it could not grant an appeal since Scott McMillan failed to file a separate notice of appeal for a different case:
“Finally, the Petitioners argue that the BIA subsequently erred in denying [*545] their motion to have their case reopened. We do not have jurisdiction to consider the Petitioners’ claim. They failed to file a separate notice of appeal from the BIA’s October 17, 2002 order, which the BIA entered after the Petitioners filed the notice of appeal in this case. The United States Supreme Court has indicated that a separate notice of appeal is required. Stone v. INS, 514 U.S. 386, 401, 131 L. Ed. 2d 465, 115 S. Ct. 1537 (1995). Thus, we cannot consider the Petitioners’ arguments on the motion to reopen.
Accordingly, the Petitioners’ petition for review is DENIED.
(Mendoza-Caballero v. Ashcroft (9th Cir. 2004) 91 F.App’x 543, 544-545.)
Screen the attorney you hire. Be sure the attorney has a winning track record and not a littered history of filing lawsuits judges dismiss, sued for legal malpractice and fraud, called outright “silly” or try get a court to award, laughably, $581,566 for a lawsuit which the court DENIED! ?
Of course verify any reference to the above for yourself with the applicable court records.