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To: Safrguns

If I read this correctly, he didn’t rule the case was frivolous but Orly’s actions themselves were what triggered the fine. It isn’t a ruling on the case but on the lawyer.

A lot of people have said it over and over, if she really believes this is as important as she says, she really should have gotten a more experienced lawyer to join her to at least give advice on proper filing procedures and to double check how she approaches things. It is too important to ‘wing it’.


15 posted on 10/13/2009 11:07:19 AM PDT by mnehring
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To: mnehring
If I read this correctly, he didn’t rule the case was frivolous

But he implied very strongly in dicta that it is:

When a lawyer files complaints and motions without a reasonable basis for believing that they are supported by existing law or a modification or extension of existing law, that lawyer abuses her privilege to practice law.....When a lawyer uses the courts as a platform for a political agenda disconnected from any legitimate legal cause of action, that lawyer abuses her privilege to practice law.

Looks like he didn't like her conduct, but it also looks like he's using her conduct to club the case.

So what did he do on the merits? Or did he rule at all?

33 posted on 10/13/2009 12:14:27 PM PDT by lentulusgracchus
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To: mnehring

I don’t read it that way. The judge stated Taitz had no underlying legal basis in law for the complaint and/or motions and no legitimate cause of action:

“When a lawyer files complaints and motions without a reasonable basis for believing that they are supported by existing law or a modification or extension of existing law, that lawyer abuses her privilege to practice law,” Land writes. “When a lawyer uses the courts as a platform for a political agenda disconnected from any legitimate legal cause of action, that lawyer abuses her privilege to practice law.


43 posted on 10/13/2009 12:41:39 PM PDT by bustinchops (Teddy ("The Hiccup") Kennedy - the original water-boarder)
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To: mnehring
If I read this correctly, he didn’t rule the case was frivolous but Orly’s actions themselves were what triggered the fine. It isn’t a ruling on the case but on the lawyer.

To be even more precise, the Court held that it was Orly's action in filing the Motion for Stay Pending Reconsideration that violated Rule 11 and resulted in the sanctions. While Judge Land outlines the history of her litigation in his and related courts, he specifically says that that particular motion is the basis for his sanctions (Opinion at page 10).
61 posted on 10/13/2009 2:19:10 PM PDT by Sibre Fan
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