Court stalls ruling on Motion to Dismiss

[Gentry James]

My post was edited before you replied. See the edited post.

Not to lecture, but how is a citizen to take such delay? Maybe this can help you if you are a member of the legal industry;

Chief Justice of the United States Warren E. Burger noted in an address to the American Bar Association in 1970: "A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law – in the larger sense – cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets."

 

[cbg]

They can take 11 months to determine jurisdiction because there is no law that says they can't.

Really. That's why.

 

[Gentry James]

They can take 11 months to determine jurisdiction because there is no law that says they can't.

Really. That's why.

Not to lecture, but how is a citizen to take such delay? Maybe this can help you if you are a member of the legal industry;

Chief Justice of the United States Warren E. Burger noted in an address to the American Bar Association in 1970: "A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law – in the larger sense – cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets."

 

[cbg]

How you take the delay is up to you.

But until a law is passed that dictates how long a court can take to determine jurisdiction, they can take as long as they darned well please.

Now, if you want to lobby your elected representatives for such a law, fine, go right ahead. But until that hypothetical law is passed, you're just going to have to wait.

 

[Gentry James]

How you take the delay is up to you.

But until a law is passed that dictates how long a court can take to determine jurisdiction, they can take as long as they darned well please.

Now, if you want to lobby your elected representatives for such a law, fine, go right ahead. But until that hypothetical law is passed, you're just going to have to wait.

Not just my delay, but also a delay for 100,000 plus others effected by the state's actions. elected representatives...was that an attempt at humor? We are talking to major media, so that may be the only path to get movement. I guess the state does not want the light to shine on $200 million in erroneous takings, can't blame them, but the court should be neutral and seek prompt discovery to see if I'm right. Why not move forward, if I'm a nut case, expose me and end this thing... It's because it's real, and real ugly for the state.

 

[tranquility]

Not just my delay, but also a delay for 100,000 plus others effected by the state's actions. elected representatives...was that an attempt at humor? We are talking to major media, so that may be the only path to get movement. I guess the state does not want the light to shine on $200 million in erroneous takings, can't blame them, but the court should be neutral and seek prompt discovery to see if I'm right. Why not move forward, if I'm a nut case, expose me and end this thing... It's because it's real, and real ugly for the state.

Boy, you'd think the fact this was a CLASS ACTION would have been mentioned up front. Sheesh. Since this is a CLASS ACTION and the fact that just this year your Supreme Court had TWO MAJOR CLASS ACTION CASES REGARDING JURISDICTION that the trial court may need some time to hold for the decision(s) in the first place and some time to understand them in the second. Sheesh, again. "Jurisdiction" in a class action is not the same as the normal questions of personal and subject matter jurisdiction; it also considers the certification of the class itself. There, a rigorous analysis must be conducted by the court to ensure the prerequisites of Civil Rule 23 have been satisfied. (Stammco)

Presenting this as a mere jurisdiction question was disingenuous. It seems entirely reasonable there has been a delay. Things would have taken longer if the court made a decision based on the (then) current law and appeals had to go up the line and back down in response to the actual holdings.

See also:
Cullen v. State Farm Mut. Auto. Ins. Co.,
Ohio Supreme Court Case No. 2012-0535

Stammco v. United Tel. Co. of Ohio,
Ohio Supreme Court Case No. 2012-0169

 

[Proserpina]

Not just my delay, but also a delay for 100,000 plus others effected by the state's actions. elected representatives...was that an attempt at humor? We are talking to major media, so that may be the only path to get movement. I guess the state does not want the light to shine on $200 million in erroneous takings, can't blame them, but the court should be neutral and seek prompt discovery to see if I'm right. Why not move forward, if I'm a nut case, expose me and end this thing... It's because it's real, and real ugly for the state.

Are you done yet?

 

[Gentry James]

Boy, you'd think the fact this was a CLASS ACTION would have been mentioned up front. Sheesh. Since this is a CLASS ACTION and the fact that just this year your Supreme Court had TWO MAJOR CLASS ACTION CASES REGARDING JURISDICTION that the trial court may need some time to hold for the decision(s) in the first place and some time to understand them in the second. Sheesh, again. "Jurisdiction" in a class action is not the same as the normal questions of personal and subject matter jurisdiction; it also considers the certification of the class itself. There, a rigorous analysis must be conducted by the court to ensure the prerequisites of Civil Rule 23 have been satisfied. (Stammco)

Presenting this as a mere jurisdiction question was disingenuous. It seems entirely reasonable there has been a delay. Things would have taken longer if the court made a decision based on the (then) current law and appeals had to go up the line and back down in response to the actual holdings.

See also:
Cullen v. State Farm Mut. Auto. Ins. Co.,
Ohio Supreme Court Case No. 2012-0535

Stammco v. United Tel. Co. of Ohio,
Ohio Supreme Court Case No. 2012-0169

The case actually we started 30 months ago in the Court of Claims and went all the way through the appeals process for jurisdiction and the appeals court said it belonged in the Common Pleas court. So we filed in common pleas. Now the state, after arguing that the case belonged in common pleas, the state changed their position and argued that it doesn't belong there either. The meaning is that the state's position is that no court can hear a case where they have clearly violating a citizens fundamental property rights and taken money without due process. All the judge needs to do is read the appeals court ruling which has been available for over 11 months. This is driven by politics, not the law, and that is what is scary.

 

[TheGeekess]

The case actually we started 30 months ago in the Court of Claims and went all the way through the appeals process for jurisdiction and the appeals court said it belonged in the Common Pleas court. So we filed in common pleas. Now the state, after arguing that the case belonged in common pleas, the state changed their position and argued that it doesn't belong there either. The meaning is that the state's position is that no court can hear a case where they have clearly violating a citizens fundamental property rights and taken money without due process. All the judge needs to do is read the appeals court ruling which has been available for over 11 months. This is driven by politics, not the law, and that is what is scary.

Alrighty then.

 

[Proserpina]

The case actually we started 30 months ago in the Court of Claims and went all the way through the appeals process for jurisdiction and the appeals court said it belonged in the Common Pleas court. So we filed in common pleas. Now the state, after arguing that the case belonged in common pleas, the state changed their position and argued that it doesn't belong there either. The meaning is that the state's position is that no court can hear a case where they have clearly violating a citizens fundamental property rights and taken money without due process. All the judge needs to do is read the appeals court ruling which has been available for over 11 months. This is driven by politics, not the law, and that is what is scary.

And what on earth makes you think the process is so simple?

 

[Gentry James]

And what on earth makes you think the process is so simple?

11 months and counting for a jurisdiction issue that has already been decided by an appeals court. That's what.

 

[Just Blue]

11 months and counting for a jurisdiction issue that has already been decided by an appeals court. That's what.

Discuss this with your attorney.

 

[Gentry James]

Discuss this with your attorney.

I have of course and I think they are stumped.

 

[Proserpina]

11 months and counting for a jurisdiction issue that has already been decided by an appeals court. That's what.

You need your attorney to spell things out for you - what you "think" doesn't match the reality of the situation.

 

[Gentry James]

You need your attorney to spell things out for you - what you "think" doesn't match the reality of the situation.

This is ridiculous, I'm out.