Saturday, August 17, 2013

Another justice system corruption sample?

Although not exactly in your face corruption like the one going on in that federal court for the hedge fund guy against my case, take a look at this.


The man spent four years but he still couldn't provide a claim sufficient for the court? It even appears that he was represented by lawyers and was not filing pro se. It is not just that failure but how that failure happened, as the appeal court's opinion claims, is what make this suspicion unavoidable. The conduct of the plaintiff seems more of that who is trying to reach the end of something than that of someone trying to achieve it.

Based on the little knowledge I have and very short history in law related matters, something is needed to counteract the strong suspicion that lawsuit appears to be actually an attempt to protect the corporation instead of holding it responsible. It seems as if there had been things that corporation had done which could harm it  legally and in order to protect that corporation this plan was implemented. The plan appears to be to file a lawsuit mentioning these claims, or a lawsuit where these claims should have been mentioned, in an insufficient, messed up complaint to have it dismissed in a way enough to prevent the claims the corporation wanted to avoid from being brought again because of res judicata and collateral estoppel (the inability to bring again claims that were brought or should have been brought in a previous case that reached judgment on the merits). In other words the plaintiff was plaintiff only by name while actually working for the defendant. That of course assuming the complaint was really insufficient as described by the court otherwise the corruption is directly from the courts.         

Did anyone investigate this? Am I missing something or is it just another sample of the magnitude in government corruption when things come to the powerful and connected protecting themselves through illegitimate means? Why didn't the courts signal some kind of a suspicion or make a judgment based on that suspicion in order to foul such possible plan?

It is also strange that the district court judge waited that long then dismissed the case with prejudice. Why would one prefer such path over a little patience then dismissal without prejudice? I cant find it easy to believe that district court was not involved.

I went to the PACER website but couldn't read the documents related to this case. I also found that the first judge was changed after about one and a half year. I also found that the plaintiff himself was requesting to put the complaint under seal.  

How could this pass without suspicion  and investigation? Moreover, it is mentioned that this  court opinion was cited 173 times.

If I am justified in my suspicion about this case which I found despite the low number of cases I looked at and despite that I was not looking to find this kind of things, imagine what targeted extensive real search can show about the justice system in this regard.

By the way, the opinion of the circuit court was less than assuring of its honesty as it appears to me.

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