TAITZ v SEBELIUS, et al. NDTX

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Kriselda Gray
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TAITZ v SEBELIUS, et al. NDTX

#226

Post by Kriselda Gray » Thu Nov 29, 2012 9:32 am

Is there some reason Astrue would be singled out as being unsuable in the future? Or is she now unable to sue ANYONE from that suit ANYWHERE again? Or do certain conditions apply? Thank you!


Ignorance and prejudice and fear walk hand in hand... - "Witch Hunt" by Rush

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Thor promised to slay the Ice Giants
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Sterngard Friegen
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TAITZ v SEBELIUS, et al. NDTX

#227

Post by Sterngard Friegen » Thu Nov 29, 2012 9:45 am

Is there some reason Astrue would be singled out as being unsuable in the future? Or is she now unable to sue ANYONE from that suit ANYWHERE again? Or do certain conditions apply? Thank you!Great question. I bet MikeDunford has the answer.



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raicha
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TAITZ v SEBELIUS, et al. NDTX

#228

Post by raicha » Thu Nov 29, 2012 11:00 am

But you should probably wait for Piffle.



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TAITZ v SEBELIUS, et al. NDTX

#229

Post by MaineSkeptic » Thu Nov 29, 2012 11:44 am

But you should probably wait for Piffle.LOL, someone hit a nerve!



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Mikedunford
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TAITZ v SEBELIUS, et al. NDTX

#230

Post by Mikedunford » Thu Nov 29, 2012 12:41 pm

Is there some reason Astrue would be singled out as being unsuable in the future? Or is she now unable to sue ANYONE from that suit ANYWHERE again? Or do certain conditions apply? Thank you!Great question. I bet MikeDunford has the answer.Maybe. I think the combination of (partly) this and (mostly) the civil procedure final I have a week from today is going to get me motivated enough to put together something I've been thinking about all semester - a civil procedure for birther watchers thread. Lyssandri - Here's the short and very dirty version, for now:1: Astrue would not be singled out. If res judicata (aka claim preclusion) or collateral estoppel (aka issue preclusion) applies in this case, it will apply to all cases involving Orly and any of the defendants named in the Texas case. 2: Preclusion may also apply to some defendants who were not named in the Texas case. 3: In order for preclusion to apply, certain conditions do have to be met. Almost all of those conditions are definitely met here. 4: The condition where there is doubt is this: for res judicata to apply, the decision in Texas must be "on the merits." 5: I personally think that there's a good argument to be made that res judicata does apply here, but it's probably not an absolute slam-dunk. It's kind of into the grey areas where actual lawyering happens. 6: Technically, Orly has probably been precluded from filing most of her suits. It hasn't stopped her, obviously, and there are solid procedural reasons why the issue hasn't come up much before now. (I'll get into that more later.) I'll go into more detail later in the day, after school. I'm actually really glad the opportunity has come up, because this kind of writing really helps me solidify the concepts in my own mind.


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TAITZ v SEBELIUS, et al. NDTX

#231

Post by Circumspect » Thu Nov 29, 2012 2:57 pm

It's pretty funny though that, in real life, res judicata applies even to the defendants who were never served or who never responded. That's a defeat more remarkable than the empty chair because, in this case, the chair didn't even show up. :lol:*Added a few. Maybe Orly can be convinced this applies to her Doe Defendants too! :lol: :lol: :lol:



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Kriselda Gray
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TAITZ v SEBELIUS, et al. NDTX

#232

Post by Kriselda Gray » Fri Nov 30, 2012 12:22 am

I'll go into more detail later in the day, after school. I'm actually really glad the opportunity has come up, because this kind of writing really helps me solidify the concepts in my own mind.Thanks, and glad to be of help :D


Ignorance and prejudice and fear walk hand in hand... - "Witch Hunt" by Rush

SCMP = SovCits/Militias/Patriots.

Thor promised to slay the Ice Giants
God promised to quell all evil
-----
I'm not seeing any Ice Giants...

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