Texas v. White (1869) 7 Wall. 700, 725
Justice O'CONNOR (Supreme Court of the United States) delivered the opinion
of the Court:
As every schoolchild learns, our Constitution establishes a system of dual
sovereignty between the States and the Federal Government. This Court also
has recognized this fundamental principle. In Tafflin v. Levitt, 493 U.S.
455, 458 (1990), "[w]e beg[a]n with the axiom that, under our federal
system, the States possess sovereignty concurrent with that of the Federal
Government, subject only to limitations imposed by the Supremacy Clause."
Over 120 years ago, the Court described the constitutional scheme of dual
sovereigns: " '[T]he people of each State compose a State, having its own
government, and endowed with all the functions essential to separate and
independent existence,'... '[W]ithout the States in union, there could be
no such political body as the United States.' GREGORY v. ASHCROFT, 501 U.S.
452
Pfizer Inc. v. Government of India, 434 U.S. 308
USOYAN v REPUBLIC OF TURKEY 6 F.4th 31 (July 27, 2021)
Private Attorney General
A private citizen who commences a lawsuit to enforce a legal [or lawful]
right that benefits the community as a whole [with the power of the
attorney general. CARDINALE, v. KEANE, CARDINALE, v. JONES et al. Nos.
A21A1718, A21A1719 [[February 15, 2022]].
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale
Group, Inc.
What Are Private Attorneys General?
By: Robert J. Nahoum [tristate area lawyer]
...A private right of action simply empowers private attorneys [or private
citizens] to do whatever the Attorneys General are authorized to do. Thus,
we have the Private Attorneys General.
the PAGA gives a private citizen the right to pursue fines that would
normally only be available to the State of California. As such, it is truly
allowing a private citizen to act as an attorney general. Cal. Lab. Code §
2699(a). [michael tracy california attorney]
18 U.S.C. § 1962(c). The statute "provides a private civil action to
recover treble damages for injury `by reason of a violation of' its
substantive provisions." Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479, 481,
105 S.Ct. 3275, 87 L.Ed.2d 346 (1985)
the legislative history, evidence of congressional intent, and antitrust
strengthen the proposition that the rico "person" includes state and local
governments. first the statute was designed to rid government as well as
business of corrupt influences
Private attorney general provisions such as § 1964(c) are in part designed
to fill prosecutorial gaps. Cf. Reiter v. Sonotone Corp., 442 U.S. 330,
344, 99 S.Ct. 2326, 2333, 60 L.Ed.2
d 931 (1979). This purpose would be largely defeated, and the
need for treble damages as an incentive to litigate unjustified, if private
suits could be maintained only against those already brought to justice.
sedima sprl v imrex co 473 us 479, 497 n. 15 (1985) [state of hawaii
plainly qualifies as a "person" under § 4 and 16 of the clayton act hawaii
v standard oil co., 405 u.s. 251, 261 (1972) , the presidents commission on
law enforcement and administration of justice, task force report: organized
crime 6 (1967) [Paul A. Hoffman Standing and Liability of State and Local
Government Under the Civil Rico Statute (1989)]
Courts sometimes refer to these requirements as RICO standing or statutory
standing. See In re Taxable Mun. Bond *339 Sec. Litig., 51 F.3d 518, 521
(5th Cir. 1995) ("The standing provision of civil RICO provides that `[a]ny
person injured in his business or property by reason of a violation of
section 1962 of this chapter may sue therefor ... and shall recover
threefold the damages he sustains.'" (quoting 18 U.S.C. § 1964(c))).
Accordingly, courts insist that damages or injury "as a result of the RICO
violation" is "a necessity for standing under RICO." Id. at 522. Or, as the
Supreme Court has put it, "the plaintiff only has standing if, and can only
recover to the extent that, he has been injured in his business or property
by the conduct constituting the violation." Sedima, 473 U.S. at 496, 105
S.Ct. 3275.
Although statutory standing involves an inquiry into alleged injury, it is
not synonymous with Article III standing. Instead, a motion to dismiss for
lack of statutory standing is analyzed under Rule 12(b)(6), not Rule
12(b)(1). Cox, Cox, Filo, Camel & Wilson, L.L.C. v. Sasol N. Am., Inc., 544
F. App'x 455, 457 n.8 (5th Cir. 2013) (mem.); Arroyo v. Oprona, Inc., 736
F. App'x 427, 429 (5th Cir. 2018) (per curiam); see DeMauro v. DeMauro, 115
F.3d 94, 96 (1st Cir. 1997); In re Schering-Plough Corp. Intron/Temodar
Consumer Class Action,
678 F.3d 235, 243 (3d Cir. 2012); see also Canyon Cnty. v. Syngenta
Seeds, Inc., 519 F.3d 969, 974 n.7 (9th Cir. 2008) ("[T]he question of
statutory standing [under RICO] is to be resolved under Rule 12(b)(6), once
Article III standing has been established." (citation omitted)). HCB
FINANCIAL CORP v McPHERSON 8 F.4th 335 (2021)
Soler v. County of San Diego Case No. 14cv2470-MMA [an example of how to
appeal and successfully get attorney fees if your denied first instance.]
(05-19-2021)
The decision that came closest to addressing the issue at hand is the Sixth
Circuit's en banc opinion in United States v. Thompson, 685 F.2d 993 (6th
Cir.1982). There the court held that "The Office of the Governor" could be
the enterprise in a RICO prosecution. Id. at 998-1000. ...We also agree
with the Sixth Circuit's ultimate conclusion that the prosecution's
approach to this issue in cases such as Thompson and the case at hand may
often not be absolutely necessary under RICO, but it is not forbidden.
...In these unusual circumstances, comity interests do not override the
broad language of RICO, as interpreted in Turkette. The district court did
not err by allowing the state to be the RICO enterprise in this RICO
conspiracy prosecution.
US v. Warner, 498 F. 3d 666 (2007) [theres nothin i can do bout that number
being there. i dont like it either but not much i can do bout it since its
part of the case cite.]
(3) a reasonable attorney's fee and other litigation costs reasonably
incurred." Id. § 2707(b). The subsection on damages provides that "[i]n the
case of a successful action to enforce liability under this section, the
court may assess the costs of the action, together with reasonable attorney
fees determined by the court." Id. § 2707(c) (emphasis added).
"May" is a word of discretion. Fogerty v. Fantasy, Inc., 510 U.S. 517, 533
(1994). DOMAIN PROTECTION, L.L.C. v SEA WASP No. 20-40411, Consolidated
with No. 20-40518. (January 13, 2022)
The Copyright Act of 1976, 17 U. S. C. § 505, provides in relevant part
that in any copyright infringement action "the court may . . . award a
reasonable attorney's fee to the prevailing party as part of the costs."
Fogerty v. Fantasy, Inc., 510 U.S. 517, 533 (1994)
To establish standing to bring a claim for relief, a party must show (1)
that their interests are "`arguably within the zone of interests to be
protected or regulated by the statute or constitutional guarantee in
question'" and (2) that they have suffered or will suffer an "`injury in
fact'" or a specific and perceptible harm. Save a Valuable Env't v. City of
Bothell, 89 Wn.2d 862, 866, 576 P.2d 401 (1978) (quoting Ass'n of Data
Processing Serv. Orgs., Inc. v. Camp, 397 U.S. 150, 153, 152, 90 S. Ct.
827, 25 L. Ed. 2d 184 (1970)) (addressing prerequisites to common law
standing). Similarly, to obtain declaratory relief under the ) Uniform
Declaratory Judgments Act (UDJA), ch. 7.24 RCW, a plaintiff must show a
justiciable controversy. A justiciable controversy is
"(1) ... an actual, present and existing dispute, or the mature seeds of
one, as distinguished from a possible, dormant, hypothetical, speculative,
or moot disagreement, (2) between parties having genuine and opposing
interests, (3) which involves interests that must be direct and
substantial, rather than potential, theoretical, abstract or academic, and
(4) a judicial determination of which will be final and conclusive." To-Ro
Trade Shows v Collins, 144 Wn.2d 403, 411, 27 P.3d 1149 (2001) (emphasis
added) (alteration in original) (quoting Diversified Indus. Dev. Corp. v.
Ripley, 82 Wn.2d 811, 815, 514 P.2d 137 (1973)). These UDJA prerequisites
encompass the common law prerequisites to standing. Id. at 414. Williams v.
City of Spokane No. 99071-9 (March 3, 2022)
A person or a family may have a spiritual stake in First Amendment values
sufficient to give standing to raise issues concerning the Establishment
Clause and the Free Exercise Clause. Abington School District v. Schempp,
374 U. S. v203. We mention these noneconomic values to emphasize that
standing may stem from them as well as from the economic injury on which
petitioners rely here. Certainly he who is "likely to be financially"
injured, FCC
v. Sanders Bros. Radio Station, 309 U. S. 470, 477, may be a reliable
private attorney general to litigate the issues of the public interest in
the present case. ASSOCIATION OF DATA PROCESSING SERVICE ORGANIZATIONS v
CAMP 397 U.S. 150 (1970)
The Rice family has cleared that hurdle too. Its procedural injury is tied
to the family's economic interest in developing its property. Such
"palpable economic injuries have long been recognized as sufficient to lay
the basis for standing." Sierra Club v. Morton, 405 U.S. 727, 733 (1972).
And without the P& Z Commission's approval, the family's development plans
could not proceed. So the Rice family is no bystander, asserting a mere
"interest in having the [proper] procedures observed." Lujan, 504 U.S. at
573 n.8. The family's application was subject to the P&Z Commission's
allegedly unconstitutional process and its outcome affected the family's
ability to develop its land. The Rice family has demonstrated
injury-in-fact. Rice v. VILLAGE OF JOHNSTOWN No. 21-3268. (April 8, 2022)
The object of civil RICO is thus not merely to compensate victims but to
turn them into prosecutors, "private attorneys general," dedicated to
eliminating racketeering activity. 3 Id., at 187 (citing Malley-Duff, 483
U.S., at 151 ) (civil RICO specifically has a "further purpose [of]
encouraging potential private plaintiffs diligently to investigate"). The
provision for treble damages is accordingly justified by the expected
benefit of suppressing racketeering activity, an object pursued the sooner
the better. Rotella v. Wood et al., 528 U.S. 549 (2000)
JOSEPHS v MARZAN Civil No. 21-0749 (JRT/DTS) (January 5, 2022)
A per curiam opinion of the federal Supreme Court then superimposed Judge
Frank's metaphor -- without crediting the author -- upon the award of an
attorney fee authorized by a federal statute. (Newman v. Piggie Park
Enterprises (1968) 390 U.S. 400, 402 [19 L.Ed. 2d 1263, 1265-1266, 88 S.Ct.
964]. Bradley v. Richmond School Board
(1974) 416 U.S. 696, 719 40 L.Ed.2d 476, 492-493, 94 S.Ct. 2006
CRUMWELL v ROBERT A. SIEGEL AUCTION GALLERIES, INC. 1:21-cv-9585-VSB
(January 27, 2022)
ARIZONA SCHOOL BOARDS ASSOCIATION v STATE OF ARIZONA, A BODY POLITIC
cv-21-0234-T/AP (January 6, 2022)
Earth Island Institute v. Brands Civil Action No. 21-2659 (JEB) (March 24,
2022)
State ex rel. Berger v McMONAGLE 82-1139 (July 13, 1983)
STATE OF NEBRASKA EX REL. COUNSEL FOR DISCIPLINE OF THE NEBRASKA SUPREME
COURT v KRATINA A-21-686 (March 25, 2022)
re ExxonMobil Corp., 635 S.W.3d 631 (2021)
In re ExxonMobil Oil Corporation 01-22-00088-CV (February 24, 2022)
IN RE RICHMOND Nos. 05-21-01068-CV, 05-21-01069-CV, 05-21-01070-CV.
(plaintiff failed to get his writ of mandamus in this case. but this shows
not only can random people be a private attorney general they can be a
relator still.)
STATE EX REL. FLUTY v. RAIFF 2021-1250
18 usc 112 [18 usc 1116(b)(4)], 15 usc 78u-3, 33 usc 1365, 42 usc 1983 [18
usc 242] [involving p.a.g Civil Rights Attorney's Fees Act of 1976 42 usc
1981-1986 title IX of Public Law 92-318 [[20 U.S.C. §§ 1681-1688]], or
title VI of the Civil Rights Act of 1964 [[42 U.S.C. §§ 2000d-2000d--4]],
trezavant v city of tampa 741 f2d 336, case winnings some might be
interested in 15 usc 17], 18 usc 1968, 18 usc 1966, 28 usc 1919 [28 usc
2254], 18 usc 245, 18 usc 241, 33 usc 1316 [pub law 92-500, 33 usc 1319],
18 usc 1961-1968, 18 usc 1201, 18 usc 1203, 18 usc 2441, 18 usc 2331, 18
usc 2381, 18 usc ch 63 [one in particular 18 usc 1349], 18 usc 24, 18 usc
178, 18 usc 111, 18 usc 118, 18 usc 246, 42 usc 1988 [42 usc 12205], 49 usc
30172, 18 usc 1512, 15 usc 2087, 5 usc 2302, 42 usc 12203, 18 usc 3071,
some may be interested in 42 usc 2000cc [18 usc 247], 18 usc 248,
revan-bennett act 2017 public law 53-1 sec 4, 26 usc 862, 28 usc 1746, 15
usc 7901 [for those of you that dont know], 15 usc ch 9A [for those of you
that think im weather crazy], [some of you might also like] 15 usc
1692, 18 usc 2707,
New Globalist Alliance: Klaus Schwab Nazis Conspire to Force Vaccine
Mandate Treaty on Patriots (want to know a good reason why you should know
law? they cant lie and tell you about shit like this [crime and fraud voids
contracts and/or treaties] or supposedly how our country is not a republic
even though the courts are still relying on texas v white and gregory v
ashcroft...for people that dont know law your going to have 1 hell of a
time overturning cases that were both used over 100 times and something
thats been stare decisis not only since the creation of our country, but
has been affirmed since 1869 [texas v white] til today...11:10)
https://rumble.com/v13eyve-new-globalist-alliance-klaus-schwab-nazis-conspire-to-force-vaccine-mandate.html
Elon Musk plans for ‘inclusive’ Twitter as he brings mother to Met Gala
(yea guys musk is definetly on your side being a yearly visiter to the met
gala. 1:25)
https://youtube.com/watch?v=9xZhBV49gt4
SpaceX Stopped Russian Electromagnetic Warfare Attack, Russia Launches
Secret Military Payload (2:22)
https://youtube.com/watch?v=qXuB8lYtjYY
World Health Organization Warns of Obesity “Epidemic” in Europe Causing
More Than 1.2 Million Deaths Annually
https://www.thegatewaypundit.com/2022/05/world-health-organization-warns-obesity-epidemic-europe-causing-1-2-million-deaths-annually/
NASA PLAYING GOD, DESTROYING FARMS. (15 usc ch 9A. 12:20)
https://www.bitchute.com/video/zdN3CiXexnF1/
CDC Used Phone Location Data to Monitor Churches and Schools to Determine
Whether Americans Followed Covid Lockdown Orders
https://www.thegatewaypundit.com/2022/05/cdc-used-phone-location-data-monitor-churches-schools-determine-whether-americans-followed-covid-lockdown-orders/
CDC Restates Recommendation For Masks on Planes Despite Court Ruling That
Struck Down Biden’s "Mandate" (its only been a recommendation this whole
time, along with medical coercion and rape.)
https://www.thegatewaypundit.com/2022/05/cdc-restates-recommendation-masks-planes-despite-court-ruling-struck-bidens-mandate/
('DIGITAL IDENTITY' MANICURED 'NAILS' (2:33)
https://www.bitchute.com/video/Txpqekt5kTtK/
Planned Parenthood and Abortion Industry Announce $150 Million Spend on
Midterms Just Hours Before SCOTUS Leak
https://www.thegatewaypundit.com/2022/05/coincidence-planned-parenthood-abortion-industry-announce-150-million-spend-midterms-just-hours-scotus-leak/
THIS News Anchor Busted for Allegedly Meeting a 15-Year Old Boy for WHAT (i
cant remember if i posted this story or not already so just in case. 14:15)
https://youtube.com/watch?v=6D1uWgntPo4
Special Ed Teacher Choked 7-Year-Old For Refusing To Wear Mask
https://www.thegatewaypundit.com/2022/05/watch-special-ed-teacher-choked-7-year-old-refusing-wear-mask/
New Piglosi Statement on “Monstrous Draft Decision” by Supreme Court on
Abortion Only Talks About Women’s ‘Reproductive Rights’, No Mention of
Rights of Pregnant Men
https://www.thegatewaypundit.com/2022/05/new-pelosi-statement-monstrous-draft-decision-supreme-court-abortion-talks-womens-reproductive-rights-no-mention-rights-pregnant-men/
News Roundup May 3rd 2022 (8:03)
https://odysee.com/@WEGOTAPROBLEM:f/news-roundup-may-3rd-2022:2
ROXHAM ROAD CROSSING HURTS LEGAL IMMIGRANTS, BENEFITS LIBERALS (7:50)
https://www.bitchute.com/video/0PM7G9Zow70/
A New Record: 4.5 Million Americans Quit Their Jobs in March
https://www.thegatewaypundit.com/2022/05/joe-bidens-america-new-record-4-5-million-americans-quit-jobs-march/
COPS PUSHED AROUND PEACEFUL DEMONSTRATORS NEAR PARLIAMENT HILL — WHY? (yet
another "not long after trudumbho says free speech is important" incident.
7:13)
https://www.bitchute.com/video/QFIhnsVQbr0/
Armed and Dangerous’ – Corrections Officer Wanted for Helping Murder
Suspect Escape Alabama Prison (VIDEO)
https://www.thegatewaypundit.com/2022/05/armed-dangerous-corrections-officer-wanted-helping-murder-suspect-escape-alabama-prison-video/
NEW highly infectious subvariant BA.2.12.1.176367.8287.178928.817 (hm if
only there was a way to check whats in the water..*mark dice voice* oh wait
whats this!? ewg.org/tapwater 1:21)
https://odysee.com/@CarlVernon:7/new-highly-infectious-subvariant:d
Dr. Hatchard Presents Bombshell FOI Resonse: Hospital Reports HUGE Increase
In Cardiac Problems (1:44)
https://odysee.com/@TimTruth:b/hopsital-reports-huge-cardiac-issue-increase:f
German Study: Number of Those Suffering Severe Complications After Taking
COVID Vaccine Is 40 Times Higher Than Previously Recorded
https://www.thegatewaypundit.com/2022/05/german-study-number-suffering-severe-complications-taking-covid-vaccine-40-times-higher-previously-recorded/
Greece: Vaccine doses administered vs. excess mortality (43 sec)
https://odysee.com/@Adverse:c/greece_covid_genocide:0
HENAN CHINA: QUARANTINE CAMPS FILL A HIGHWAY, THOUSANDS MORE CAMPS HAVE
SPRUNG UP ALL OVER CHINA (14 sec)
https://www.bitchute.com/video/unuqwn7vSdgR/
Are you sure about that? (1:23)
https://odysee.com/@CarlVernon:7/are-you-sure-about-that:9
THEY ARE WALKING EVERYONE INTO A TRAP - ACTION NEEDS TO BE TAKEN BY THOSE
THAT KNOW WHAT WE KNOW - BE THAT RESISTANCE INFO@xxxxxxxxxxxxxxxx (8:04)
https://t.me/marksteele5g/6474
https://t.me/marksteele5g/6470
THE LIARS IN GOVERNMENT SAID 5G RADIATION CAN'T CAUSE THE SICKNESS - WHAT A
BUNCH OF LYING CRIMINALS THEY ARE - BE THE RESISTANCE INFO@xxxxxxxxxxxxxxxx
https://t.me/marksteele5g/6471
EUROPEAN MEP CHRISTINE ANDERSON SPEAKING AT THE COVID 19 INQUIRY (4:38)
https://www.bitchute.com/video/XaTxujNMSLaC/
PROTESTS CARRY ON IN CALGARY AS INJUNCTION DROPPED (12:09)
https://www.bitchute.com/video/0TxxMkd-miY/
How the Biden Administration Creates Policies (11:57)
https://youtube.com/watch?v=c9LUCXVnGXI
EVERY TIME Steven He has said "emotional damage" (so far) (1:33)
https://youtube.com/watch?v=U364mmsAtY8
