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Started By
Message
Rant Lawyers: Jurisdictional Problem with the SEC Suit?
Posted on 9/3/26 at 1:36 pm
Posted on 9/3/26 at 1:36 pm
LSU is a subdivision of the State of Louisiana.
The 11th amendment generally bars federal courts from hearing claims against States.
I guess they can Ex Parte Young it for injunctive relief, but only against named officials, right?
It has been a LONG time since I took federal courts!
Any issue here?
The 11th amendment generally bars federal courts from hearing claims against States.
I guess they can Ex Parte Young it for injunctive relief, but only against named officials, right?
It has been a LONG time since I took federal courts!
Any issue here?
9
Posted on 9/3/26 at 5:02 pm to JudgeHolden
Liz Murrill just said this is a defense.
Like her or not, she’s a sharp lawyer.
Like her or not, she’s a sharp lawyer.
Posted on 9/3/26 at 6:18 pm to JudgeHolden
I believe the University will be able to claim immunity through the state.
There are tons of standing issues in both parties in the various capacities they allege damages.
Truly wild and super interesting to follow. Weirdest LSU season ever. We play Clemson day after tomorrow lol
There are tons of standing issues in both parties in the various capacities they allege damages.
Truly wild and super interesting to follow. Weirdest LSU season ever. We play Clemson day after tomorrow lol
Posted on 9/3/26 at 6:19 pm to JudgeHolden
I've said that multiple times.
Posted on 9/3/26 at 6:21 pm to JudgeHolden
They are also asking for a declaratory judgment on a situation that hasn’t happened yet and their claim that this is a 1st Amendment issue is laughable.
Posted on 9/3/26 at 6:22 pm to JudgeHolden
It's possible that they toss LSU as an institution. But that's why they named Kiffin as a defendant.
In any event, the merits are shaky (at best).
In any event, the merits are shaky (at best).
Posted on 9/3/26 at 6:25 pm to Pedropatterstine
quote:
Theybarent tossing LSU.
You a constitutional lawyer or just talking out of your arse?
Posted on 9/3/26 at 6:33 pm to JudgeHolden
I think you’re right on the money. Might be a younger abstention issue also and maybe some others. It’s a loser.
Posted on 9/3/26 at 6:37 pm to JudgeHolden
Forum shopping at its best.
How do you think the Alabama court is going to rule on all this crap?
That Alabama proceeding will be worse than Donald Trump trying to get a fair trial in New York.
How do you think the Alabama court is going to rule on all this crap?
That Alabama proceeding will be worse than Donald Trump trying to get a fair trial in New York.
Posted on 9/3/26 at 6:37 pm to Guava Jelly
Isn’t Kiffin considered a State employee who is acting in that capacity.
This post was edited on 9/3/26 at 6:38 pm
Posted on 9/3/26 at 6:44 pm to T1gerNate
quote:
younger abstention
Posted on 9/3/26 at 6:44 pm to ComebackEllisHugh
quote:
Isn’t Kiffin considered a State employee who is acting in that capacity.
I think that's probably the case as far as the facts are concerned. But they named him personally in the suit.
The obvious defense is that the immunity extends to him, because he was acting in his "official capacity."
Posted on 9/3/26 at 6:45 pm to ComebackEllisHugh
quote:
Isn’t Kiffin considered a State employee who is acting in that capacity.
Yeah. If he is acting under color of state law, I think they can enjoin him under Ex Parte Young.
Posted on 9/3/26 at 6:46 pm to JudgeHolden
dumb and dumber said it best:
you cant triple stamp a double stamp
case closed and geaux tigers
you cant triple stamp a double stamp
case closed and geaux tigers
This post was edited on 9/3/26 at 6:48 pm
Posted on 9/3/26 at 6:48 pm to Honkus
FYI:
Liz pointed out that the SEC is an unincorporated association that, unlike a corporation or an individual, enjoys no First Amendment rights. I think she might be right about that.
Liz pointed out that the SEC is an unincorporated association that, unlike a corporation or an individual, enjoys no First Amendment rights. I think she might be right about that.
Posted on 9/3/26 at 6:53 pm to JudgeHolden
Liz also pointed out how slimey it was to file that federal case while we were in court today.
Posted on 9/3/26 at 6:55 pm to Honkus
quote:
Liz also pointed out how slimey it was to file that federal case while we were in court today.
Yeah.
I know the Birmingham firm that filed it.
Posted on 9/3/26 at 7:10 pm to JudgeHolden
quote:
Ex Parte Young
I thought that required the officials to be acting outside their authority.
They are literally following the rulings of a state court.
No bylaws can override a judicial opinion , right?
Posted on 9/3/26 at 7:13 pm to JudgeHolden
I fricking love her. She will wind up being the best attorney General this state has ever had.
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