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Pastimes : Investment Chat Board Lawsuits

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To: Jeffrey S. Mitchell who wrote (8412)6/7/2005 3:19:35 PM
From: olivier asser  Read Replies (3) of 12465
 
I liked the Black Knight reference. You might remember that even when he lost both arms and both legs he could not be silenced ;-).

I don't "hope" I have options in the U.S., I have them, granted me by the United States Constitution and the Federal Rules of Appellate Procedure. First among those options is an appeal to the United States Court of Appeals for the Fifth Circuit. Some of you may remember my former counsel advising me that to appeal the arbitration orders of the San Francisco Superior Court would lead to sanctions. I ignored that advice and filed writ petitions, less than 5% of which are granted. Consequently, the Court of Appeals cited the presiding judge of the Superior Court for abuse of discretion, and reversed his orders via two writs of mandamus.

So, I have done it before. Berber and Moor might consider their popping the champagne corks mighty premature, especially when they review the United States Supreme Court decisions in Reves and Salinas, which controlling law no federal judge has discretion to ignore. Also, though not posted here at SI, they might also want to consider the Court's opinion that certain of my amended complaint text failed to adequately plead RICO claims. That was a remarkable opinion, considering that I took that text DIRECT from the United States Department of Justice's RICO complaint filed against the tobacco companies, which text those defendants knew better than to even attempt to call into question. Not my text, but DOJ's. I prepared.

Now I am simply amazed that the Court has on the one hand declared me a vexatious litigant, and on the other, is allowing my claims against Rea and Trading Places to proceed to trial in his Court! If I am vexatious for continuing to legally pursue Berber, then by definition I would be for suing Rea and TP, because they have all been named, together in each action, from the very beginning.

The fat lady hasn't even entered the building yet.
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