Good luck with this lawsuit

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SpacemanSpiff
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Good luck with this lawsuit

#1 Post by SpacemanSpiff » Thu Feb 25, 2016 10:12 am

A Bessemer AL lawyer is suing five members of the US Supreme Court over the Obergefell v Hodges ruling.

Good luck with that, folks. I would expect this to be thrown out as frivolous or at least something along the lines of "no legal standing" or such.

http://www.al.com/news/birmingham/index ... ng_article
A Bessemer attorney, who is against last year's order by the U.S. Supreme Court legalizing gay marriage nationwide, on Wednesday filed a federal lawsuit against the five justices on the high court who made up the majority in that ruling.

"Defendants (justices) goes beyond a manipulation, twist, strain, or unique perspective on the text and crosses over in to an abandonment of the Constitution," attorney Austin Burdick states in the lawsuit.

Burdick filed the lawsuit in Birmingham in the U.S. District Court for the Northern District of Alabama. The case names Justices Anthony M. Kennedy, Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kegan.

Burdick is suing the five justices for violations of the 5th Amendment, breach of contract, breach of fiduciary duty and seeks, among other things compensatory damages, punitive damages, mental anguish damages, and attorney's fees and costs. The lawsuit seeks recovery of damages exceeding $6 million.
"If you're dead, you don't have any freedoms at all." - Jason Isbell

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BackInTex
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Re: Good luck with this lawsuit

#2 Post by BackInTex » Thu Feb 25, 2016 11:19 am

SpacemanSpiff wrote: I would expect this to be thrown out as frivolous or at least something along the lines of "no legal standing" or such.
but...but.....but.....he got his feelings hurt.
..what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? let them take arms.
~~ Thomas Jefferson

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Revolution is when you decide that for yourself.
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silverscreenselect
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Re: Good luck with this lawsuit

#3 Post by silverscreenselect » Thu Feb 25, 2016 11:57 am

For the non-lawyers on the Bored, Rule 11 of the Federal Rules of Civil Procedure would seem to apply:
Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
(a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name—or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention.

(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

(c) Sanctions.

(1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.

(3) On the Court's Initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).

(4) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation.

(5) Limitations on Monetary Sanctions. The court must not impose a monetary sanction:

(A) against a represented party for violating Rule 11(b)(2); or

(B) on its own, unless it issued the show-cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.

(6) Requirements for an Order. An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.
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SpacemanSpiff
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Re: Good luck with this lawsuit

#4 Post by SpacemanSpiff » Thu Feb 25, 2016 10:20 pm

Best comment on the Al.com site in reaction to this, and I'm paraphrasing here:

"I guess he (the lawyer) is still chasing rainbows." :D
"If you're dead, you don't have any freedoms at all." - Jason Isbell

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