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Breaking
down of Rooker-Feldman and State Immunity
for State Caused Problems |
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Who would have thought Anna Nicole
Smith would be so helpful to us all? |
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http://www.supremecourtus.gov/opinions/05pdf/04-1544.pdf |
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This ruling just JUMPED our upcoming
county class-actions to the next level,
boys and girls!! |
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This (Anna Nicole - inheritance/damages
- state/federal) case was about the
proper use of federal subject-matter
jurisdiction... and WE WIN! |
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After an exhaustive review of the
28 pages of this *unanimous* ruling
by the USSC (May 1, 2006 -- a ruling
made just earlier today, that is), here
is what they say, in a nutshell: |
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1 - the "domestic relations exception"
is still, and has always been, a NARROW
exception, not to be misused by the
lower federal courts (obviously, there's
more to it, but this case is a |
GREAT case), and that it rarely applies... |
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2 - like the "domestic relations
exception", the "probate exception"
used in Anna Nicole's case (a procedurally
involved case, involving both parallel
state and federal actions) is also an
often abused "doctrine" by
the lower federal courts, and it's use
in |
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Anna's case was stuck down as well,
with the reasoning being the same foundations
as what the USSC has done before with
the "domestic relations exception"...
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3 - some GREAT
additional case cites in the ruling
itself, like how the State cannot
*cause* a federal violation, and then
try to prohibit litigants from seeking
redress in the federal courts for
that/those same violations (i.e.,
for us in family court reform, like
how the State cannot violate our fundamental
rights, and then try to have us dismissed
out of federal court for seeking vindication
of those rights....) (one of my favorites
from this case was: "We have
long recognized that "a State
cannot create a transitory cause of
action and at the same time destroy
the right to sue on that transitory
cause of action in any court having
jurisdiction." Tennessee Coal,
Iron & R. Co. v. George, 233 U.
S. 354, 360 (1914).") |
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4 - apparently
also decided either TODAY, or at most,
VERY recently, was another USSC case
seemingly dealing the final death-blow
to the "Rooker-Feldman"
doctrine. **this is very important
news to us** The concurring opinion
by Justice Stevens, wanting to go
even FARTHER in striking down such
"abstention doctrines",
states, in part: "Rather than
preserving whatever vitality that
the "exception" has retained
as a result of the Markham dicta,
I would provide the creature with
a decent burial in a grave adjacent
to the resting place of the Rooker-Feldman
doctrine. See Lance v. Dennis, 546
U. S. ___, ___ (2006) (STEVENS, J.,
dissenting) (slip op., at 2-3)."
In other words, this *other* brand
new case ruling, Lance v. Dennis,
apparently terminated all use of Rooker-Feldman
forever... obviously, I will be reading
this case immediately!! |
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3 cheers for Anna Nicole Smith (and
her lawyers) and the USSC, for we have
just been given the GREEN LIGHT to knock
'em dead in federal courts!!! |
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Regards,
Torm Howse, President
Indiana Civil Rights Council |
http://www.indianacrc.org |
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