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NolaAuTiger

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Everything posted by NolaAuTiger

  1. Stylistically reminds me of Gorsuch: writes well but should cut down - or eliminate - the contractions.
  2. Do not be surprised if the legal defenses and objections that will be raised on remand - that presumably have not been waived - also make way to Supreme Court a few years from now. https://www.supremecourt.gov/opinions/19pdf/19-635_o7jq.pdf - See BK's concurrence on page 28 of this doc.
  3. Speckled trout from July 3. All topwater.
  4. Slew of murder categories across states. Always something to learn.
  5. 3rd-degree murder as the highest charge? Interesting. The same categorical charge one would receive in Minnesota for selling "bad" drugs to another, after said drugs result in death. Correct me if my cursory reading of their criminal statutes is wrong.
  6. Good post fifty. I own two pitbulls, both rescues. They do indeed love unconditionally. I do worry that recent enacted laws are not being enforced enough.
  7. For “the record,” I think the court will raise the jurisdiction issue sua sponte (on its own). Assuming Missouri gets past that, if defendants feel like they are not “part of the process,” they’ll take a default judgement and we won’t even get to the discovery phase. Further assuming Missouri can prevail on a default judgment, they would then go after every Chinese asset available in this country.
  8. But allegations in a complaint don’t have to be provable at the time the complaint is filed - they merely just have to be based on information and belief. As you pointed out, it is conjecture and speculation - which is fine at the initial pleading stage. That’s why we have the subsequent discovery phase. I don’t think the merits pose nearly the hurdle that jurisdiction does.
  9. The court will have to decide that if the issue is raised. Notwithstanding, that’s only the first step. The next inquiry would then focus on the statutory exceptions (waivers). There’s a colorful argument that the CPC is a non-state actor, as just one example. But even if they do fall within the scope of a “sovereign”, that’s still not dispositive.
  10. What do you mean by “enforce any sort of civil punishment” ? Chinese courts would not recognize a US judgment. But what if China, or another named defendant, has property or other monetary assets located in the US - then of course a US Court would recognize and enforce a given judgment. That’s exactly how foreign arbitration awards are typically enforced and satisfied in the US. Missouri will have to eventually argue (and prove) that one of the statutory exceptions to sovereign immunity applies or that not all of the defendants are state actors, of course. What is the “settled law” ?
  11. https://ago.mo.gov/docs/default-source/press-releases/2019/prc-complaint.pdf?sfvrsn=86ae7ab_2 Mississippi to file its own lawsuit soon.
  12. Sea trout. As we call them, "specks" (speckled trout)
  13. Nice way to top off the weekend