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Posts with the tag constitution

Reposted: here Info of AdHoc Public Hearings Abuse of Judges,Madoff Ponzi Guilt_ www.minnpost.com_ Medical Records to Maine. Public's Right to know. 

neopopulism.org - Representative Dan Severson To Lead Effort On Judicial Accountability LegislationRepresentative Dan Severson's Press Release: 

FOR IMMEDIATE RELEASERep Dan Severson MN - Google Search
Saint Paul Minnesota
February 27, 2009

Minnesota Legislators to Discipline Judges

In response to dozens of petitions by the citizens of the state of Minnesota, an Ad Hoc committee has been scheduled to hear the evidence of the corruption within the Minnesota Judicial Branch.

Spearheaded by minority whip Rep. Dan Severson, the bipartisan joint committee will convene on March 13th, 2009 at the State Office Building at 9:00AM in room 300N.
YouTube - Take Back America w/ Grand Juries 25 min - Jun 7, 2008 -


Nancy Lazaryan speaks with her co-host, from many public access ... This or other video clips might be used in our "In the Interests of ...
www.youtube.com/watch?v=GAC6w_HC5Cw -

  • Putting MN Legislators On Notice To Obey Their Oath of Office Part 1 29 min - May 7, 2008 -
    Nancy Lazaryan representing the citizens, serving the executive, ... <embed id=" VideoPlayback" src="http://video.google.com/googleplayer.swf?docid ...
    video.google.com/videoplay?docid=-6576283240629348809 -
  • Severson Ltr Lazaryan09 03 - 8:34am Dan Severson at 651-296-7808 Nancy Lazaryan at nancylazaryan@yahoo.com Friday, February 27, ... Add YouTube videos to your SlideShare presentations... more ...
    www.slideshare.net/Sharon4Anderson/severson-ltr-lazaryan09-03 - 45k - Cached - Similar pages -
  • Panel: Dakota County judge should leave bench for six months - TwinCities.com

    Bernard Madoff's Criminal Charges Prior to Plea Agreement
    U.S. V. MADOFF
    (U.S. Dist. Ct., S.D. N.Y., Mar. 10, 2009) - The U.S. Attorney for the Southern District of New York filed revised criminal charges against alleged Ponzi schemer Bernie Madoff. The criminal information filed today accompanied confirmation by Ira Sorkin, Bernard Madoff's criminal defense lawyer, that his client would plead guilty to federal charges. Read more...

    Related Resources
    Lawyer: Madoff to Plead Guilty; May Face Life in Prison
    http://www.minnpost.com/ Tuesday, March 10, 2009
    Your medical records are leaving town, and some privacy and health advocates aren't happy about itBy Marisa Helms | Tuesday, March 10, 2009

    Your health care information is heading to Maine, where it will be encrypted, analyzed and crunched so Minnesota health officials can learn more about the way medical services are delivered. The program is meant to empower consumers, increase quality and reduce costs. Some opponents, however, want the data collection "reform" program scrapped or, at the very least, the data kept in the state.

    MS 609.7495InterfHealthCare    Bull_MN-France  THEREFORE: These Major Issues of

    Antitrust by our Government: Fri the 13thMar09 Hearing to expose the numerous

    complaints of State Judges, which may triggr Federal Judges re: Kyle and Medtronic

    If you cannot attend at least send e-mail, the SCAP Panel is a Secret Court without

    Scrunity, Committing Persons to State Hospitals without Jury Trials then the Madoff

    Ponsi Scheme indirectly with many nonprofits triggers the Outsourcing of our Medical Records to MAINE

    What happens to the duplication of Health Records outsourced to FRANCE.

    Disclaimer: Consolidation of information Thank You for visiting, We must advocate for the Public's Right and Priviledge to make our government accountable.  PS I think current Impeachments are to be submitted ?

     

    With alittle help from my internet friends: For Public Education of our State and Federal Courts,Constitutions, forensic files,pic's etc.  scotus blog - Google Search Granted Affiant is no Tina Totenberg (sp), 30 yrs of seeking redress must not go unanswered.SCOTUSblog

    Jan 18, 2009 ... SCOTUSblog is the US Supreme Court weblog, featuring news, information, and commentary on all things related to the High Court.
    www.scotusblog.com/ - 80k - Cached - Similar pages -
    Orders And OpinionsNew FilingsCommentary And AnalysisPrevious EntriesTerm TrackerMultimedia

                      Congratulations to the 47 yr old Barack Hussein Obama who is a lawyer, and when he swears under OATH to become our 44th President of the US.   At some point the quality of life, Constitutional Mandates, with mllions of Bloggers, Internet Savy Persons. ECF and Pacer Accounts, must have government accountability.  Read what you may, Fight if you Must, Please Save our Country for another DAY.  Hold Obama Accountable for Change.

                    Watched "Sex Traffic"  for the 1st time on Cable Don sutherland Human Trafficking Sex Traffic Don Sutherland Cable TV - Google Search, Horrors of the Real World in the USA must abate Secret Courts, Secret Unpublished Opinions,Secret Hearings for the Public Good. The Powers to be must act and or react at the right time for National Security.

     President Bush Commutes Sentences of Compean and Ramos
    In his final acts of clemency, President George W. Bush on Monday commuted the prison sentences of two former U.S. Border Patrol agents whose convictions for shooting a Mexican drug dealer ignited fierce debate about illegal immigration. Read the Full Story.  Hopefully for our Children,relatives,peers, Obama will also be Humbled by Drug and Sex Traffic.

      Briefs at the end of this post.Yannone: It is the right of the people to alter the governmentUnited States Supreme Court
    United States Supreme Court 2009

    by Robert L. Schulz

    In our
    article of December 5, 2008, we asked, "What must a free people do, and what is the appropriate next step, if Mr. Obama refuses to respond to our Open Letter and the Supreme Court refuses to hear the Petitions by attorneys Donofrio, Berg, and Taitz challenging Obama's citizenship status?"

    Another 5-4 controversy by the SCOTUS Posted by: "rich martin" slickeditor@yahoo.com   slickeditor Sun Jan 18, 2009 12:12 pm (PST)
    Another 5-4 controversy by the SCOTUS

    I have long railed Vs the FISA Court , another product of the Carter administration.

    I can think of nothing more more un-American than a Secret Court manned by anonymous judges, weilding power exceeding that of the elected President.
    Rich Martin


    Well, today they are reporting one more of those infamous 5-4 decisions.

    http://stevescomments.wordpress.com/2009/01/15/supreme-court-rules-against-fourth-amendment-oks-use-of-evidence-from-illegal-search/

    It is beyond belief that 9 honest men can read a contract of but a few pages, and come out with diffferent ideas of what they read. Either the 200-year-old contract is faulty, or the men dishonest. Either way, this govt is a lost cause. Time for a new one.
    Rich Martin


    Last updated January 16, 2009


    NEWESTBerg write Congress
    http://www.rense.com/general84/reob.htm


    NEWER Obama visits SCOTUS
    http://investigatingobama.blogspot.com/2009/01/obama-biden-to-visit-supreme-court-says.html

    Calif: Broe Vs Reed
    http://www.therightsideoflife.com/?p=2565

    Is this against the law?
    http://www.newsmax.com/timmerman/brennan_passport_breach/2009/01/12/170430.html


    NEW
    http://www.teamsarah.org/group/theresistance/forum/topics/sorry-to-reportsupreme-court-1


    FOUR (4)eligibility conferences - 1 down 3 to go.
    Supreme Court defeats Berg again.Do they care if the Constitution is adhered to?http://www.teamsarah.org/group/theresistance/forum/topics/sorry-to-reportsupreme-court-1
    Three other conferences arescheduled each Friday thru Jan23, 2009.
    http://www.investorsiraq.com/showthread.php?t=117922
    http://www.youtube.com/watch?v=YYdk26ezVio&eurl=http://wnd.com/index.php?fa=PAGE.view&pageId=85587&feature=player_embedded

    I'd also like to take this opportunity to invite you to join the
    Slick_eZine-subscribe@yahoogroups.com


    Rich Martin
    Editor Slick eZineJustice Dept. Charles Miller states Berg v. Obama Dead in the Water:Charles Miller : Charles Miller News and Photos - chicagotribune.comBerg who is a Lawyer_Letter to CongressBerg Sends Letter Re: Obama Fraud To CongressBrief due 20Jan09 day of Inauguration ?Three other conferences arescheduled each Friday thru Jan23, 2009.

    Disclaimer:Educational Title 26 501(c)3 in compliance with Mission Statement  Sharons Realestate Briefs for the Homeless,Health,Hungry Citizeneryhttp://www.angelfire.com/mn3/andersonadvocates/PDFedem2006/file8.pdfSHARON-MN-ECF: FOIA-06cv-PERMISSION TO INVESTIGAGE,COPY,CIRCULATEScarrella221NW2d562Justice.jpg (image) SharonScarrellaAnderson ECF_P165913 Pacer sa1299 Bio  Bio for Sharon Anderson  SASC_1988_15http://www.angelfire.com/mn3/andersonadvocates/2006water/PDFcases/sharoncases.pdf

    UPDATE: 4 20JAN09 OATH OF OFFICE:US Supreme Court Obama Citizenship - Google Search Conferenced N0-08-570 for Jan.16th09

     Search Page  Oath of office - Wikipedia, the free encyclopedia

    Some oaths of office are a statement of loyalty to a constitution or other legal text or to a person or other office-holder (e.g., an oath to support the constitution of the state, or of loyalty to the king). Under the laws of a state it may be considered treason or a high crime to betray a sworn oath of office. No. 08-570Docket for 08-570Title:Philip J. Berg, Petitionerv.Barack Obama, et al.Docketed:October 31, 2008Lower Ct:United States Court of Appeals for the Third Circuit  Case Nos.:(08-4340) Rule 11
    ~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~Oct 30 2008Petition for a writ of certiorari before judgment filed. (Response due December 1, 2008) Oct 31 2008Application (08A391) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.Nov 3 2008Supplemental brief of applicant Philip J. Berg filed.Nov 3 2008Application (08A391) denied by Justice Souter. Nov 18 2008Waiver of right of respondents Federal Election Commission, et al. to respond filed. Dec 1 2008Motion for leave to file amicus brief filed by Bill Anderson.Dec 8 2008Application (08A505) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.Dec 9 2008Application (08A505) denied by Justice Souter. Dec 15 2008Application (08A505) refiled and submitted to Justice Kennedy. Dec 17 2008DISTRIBUTED for Conference of January 9, 2009.Dec 17 2008Application (08A505) denied by Justice Kennedy. Dec 18 2008Application (08A505) refiled and submitted to Justice Scalia. Dec 23 2008Application (08A505) referred to the Court. Dec 23 2008DISTRIBUTED for Conference of January 16, 2009.Jan 12 2009Motion for leave to file amicus brief filed by Bill Anderson GRANTED. Jan 12 2009Petition DENIED.  


    ~~Name~~~~~~~~~~~~~~~~~~~~~   ~~~~~~~Address~~~~~~~~~~~~~~~~~~  ~~Phone~~~Attorneys for Petitioner:  Philip J. Berg555 Andorra Glen Court, Suite 12(610) 825-3134 Lafayette Hill, PA  19444-2531 Party name: Philip J. BergAttorneys for Respondents:  Gregory G. GarreSolicitor General(202) 514-2217 United States Department of Justice  950 Pennsylvania Avenue, N.W.  Washington, DC  20530-0001 Party name: Federal Election Commission, et al.Other:  Lawrence J. JoyceLawrence J. Joyce LLC(520) 584-0236 1517 N. Wilmot Rd., #215  Tucson, AZ  85712  barmemberlj@earthlink.netParty name: Bill Anderson

    US Supreme Docket Obama Citizenship - Google Search

    Wikinews Shorts: January 13, 2009 - Wikinews, the free news source

    Supreme Court Rejects Appeal Over Obama’s Citizenship - The Caucus Blog - NYTimes.com

    Supreme Court Rejects Appeal Over Obama’s CitizenshipBy Kate Phillips

    Without any comment whatsoever, the Supreme Court today declined to take up an appeal by a New Jersey man who questioned President-elect Barack Obama’s eligibility for the presidency, based on his birth to a father from Kenya and a mother who was a United States citizen.

    Related links

    Reposted: God,Gates,Google, we love you, We understand the financial Clout,must insure the Average person has the Wealth of the Web, re published  for Educational Purposes click on the interactive for the  Donors Dreamworks  $250 thouGates$200.5,Google and Soros $150 Wall Street Is Big Donor to Inauguration - WSJ.com

    #articleTabs%3Dinteractive click on interactive Graphics

    Funding the Party

    Take a look at big donors helping to finance Mr. Obama's Jan. 20 swearing-in festivities.

    View Interactive

    US: 90% of Obama's inauguration fund is from donations by Wall Stree Posted by: "Liberty-Freedom 1776" liberty-freedom1776@earthlink.net   vladdiaz Sat Jan 10, 2009 6:30 pm (PST) <http://m1e.net/c?80277639-8Fx4EhwtpKIbc%403880468-oxZS8BeqpaVv6> US: 90%
    of Obama's inauguration fund is from donations by Wall Street firms that
    received billions in bailout. WSJ 2008 Jan 9

    http://online.wsj.com/article/SB123146096981566339.html

    "If the American people ever allow private banks to control the issue of
    their currency, first by inflation, then by deflation, the banks...will
    deprive the people of all property until their children wake-up homeless on
    the continent their fathers conquered... The issuing power should be taken
    from the banks and restored to the people, to whom it properly belongs." --
    President, Thomas Jefferson

    "IN A TIME OF UNIVERSAL DECEIT, TELLING THE TRUTH IS A REVOLUTIONARY ACT." -
    GEORGE ORWELL

    Disclaimer: Affiants mail: Paramount Importance re: Coleman v FrankenMinnesota Senate Seat ’08 Election

     From www.judicialwatch.org  pdf lawsuits filed http://www.judicialwatch.org/documents/2009/Vincent_v_Senate_Complaint.pdf

    Judicial Watch News

    January 7 - Judicial Watch Files Lawsuit against U.S. Senate for Denying Senate Seat to Roland Burris  

    January 6 - Judicial Watch Petitions California Supreme Court to Review Laguna Beach Day Labor Site Lawsuit

    January 5 - Judicial Watch Obtains Documents Re: Blagojevich Contacts with Obama and Transition Team

    Submitted to the Public and as Political Junkie who Loves the Law

    09 Jan 2009http://www.legitgov.org/All items are here:http://www.legitgov.org/#breaking_news

    Breaking: Illinois House votes to impeach Blagojevich --State House Leader says Blagojevich has 'forfeited his right to hold office' 09 Jan 2009 The Illinois House voted overwhelmingly Friday to impeach Gov. Rod Blagojevich, an unprecedented action that sets up a Senate trial on whether he should be thrown out for allegedly trying to sell President-elect Barack Obama's vacant Senate seat. Impeachment required just 60 votes. The final result was 114-1.

    Please forward this newsletter to anyone you think might be interested.

    Submitted for Research,Public Info, Educational

     Statutes at Large Home Page: U.S. Congressional Documents

    Statutes and Documents: Bills and Resolutions | Statutes at Large | American State Papers | U.S. Serial Set

    bookshelf image

    Browse Statutes at Large
    Browse Page Headings
    Search this Title through the Collections Search Page


    Note: The eighteen volumes presented in this online collection cover the laws of the first forty-three Congresses, 1789-1875. Statutes at Large

    The United States Statutes at Large, commonly referred to as the Statutes at Large, is the official source for the laws and resolutions passed by Congress. Publication began in 1845 by the private firm of Little, Brown and Company under authority granted by a joint resolution of Congress. In 1874, Congress transferred the authority to publish the Statutes at Large to the Government Printing Office, which has been responsible for producing the set since that time.

    Every law, public and private, ever enacted by the Congress is published in the Statutes at Large in order of the date of its passage. Until 1948, all treaties and international agreements approved by the Senate were also published in the set. In addition, the Statutes at Large includes the text of the Declaration of Independence, Articles of Confederation, the Constitution, amendments to the Constitution, treaties with Indians and foreign nations, and presidential proclamations.


    We now have the complete set of U.S. Statutes at large from 1789 through
    2007 online at http://www.constitution.org/uslaw/sal/sal.htm

    .* The
    files are PDF image-over-text and searchable. We have a local search
    form on the page that will enable search through the entire set once
    Google indexes it. To the best of our knowledge they are not available
    anywhere else online, either on a government site or a university site.

    Thanks for production and OCR of the PDF files is due to lawyer and
    scholar Larry Becraft of Huntsville, Alabama.
    ______Larry Becraft - Google Search
    * A little clean-up work remains on this page. We will add the 2008
    Statutes at Large as soon as they are available. Note that Vols. 6-8 are
    not a gap in the statutes, only in the volume numbering.

    -- Jon

    -------------------------------------------------------------------
    Constitution Society 2900 W Anderson Ln C-200-322, Austin, TX 78757
    512/299-5001    www.constitution.org  jon.roland@constitution.org




     

    Affiant Sharon Anderson  with Standing to Challenge the Minnesota State Primary 9Sept08_ (64A) to be filled 4Nov08 Elections, Sharon voted Absentee and by pdf format ie: Electronically was denied a Presidential Primary, did vote pdf 4Nov08,  If US Senate 08 Absentee Ballots are thrown Olmstead v US 277US438(1928)out the entire Ballot must be tossed:If Government become the Lawbreaker  and these ballots do NOT DECEND TO PARTICULARS us v. cruikshank - Google Search  and for educational purposes   to Notify the State of Minnesota,Minnesota State Constitution Electorate, Governor,Legislature,Canvass Boards,MN Supreme CourtMinnesota Constitution: Article III, all Voters and Candidates  on this New Years Eve

    of yet another US Supreme Court filingshttp://www.obamacrimes.info/Copy%20of%20ComplaintSoetoroInterpleader122708.pdf objecting to Obamas Qualifications taken from  http://www.americasright.com/ must also relate Dr. Orlys Urgent letter to Congress  Author Ann Coulters_Guilty and 3rd Another A Natural Born Citizen...Orly?: Open letter to Member of Congress

    DrOrlyTV
    Dr. Orly's YouTube ChannelMonday, December 29, 2008 Open letter to Member of Congress URGENT REQUEST FOR ACTION – TO PRESERVE OUR CONSTITUTION

    Dear Member of the U.S. Congress;

    On January 8th, 2009, you will be meeting in a joint session of Congress in order to perform the final step of COUNTING and CONFIRMING the electoral votes for the President of the United States (POTUS).

    This urgent letter is a request by your (and Mr. Obama’s) employers, We The People, for you to submit an OBJECTION to those votes being counted due to the Constitutional INELIGIBILITY of Barack Hussein Obama, Jr. to serve as POTUS:

    1. No proof that he was born on U.S. sovereign territory, as required by Article II of the U.S. Constitution (the posting of his forged & fraudulent Certification of Live Birth (C.O.L.B.) only proves fraud – and that he’s INELIGIBLE;

    2. No proof that he ever applied for U.S. citizenship, when reaching the age of majority, following his years as a citizen of Indonesia (this would make him ‘naturalized’, and therefore INELIGIBLE);

    3. No proof that he was born of two parents of U.S. citizenship, with both owing allegiance to and being under the jurisdiction of the U.S., as required by law and/or the Constitution, in order to be a ‘natural-born citizen’. (actually he has freely admitted the opposite to be true, and therefore INELIGIBLE);

    4. No proof that he was authorized, as a ‘natural-born U.S. citizen’ with a U.S. Passport, to travel to Pakistan in 1981 (he could not by law), or that he re-applied for ‘naturalized’ U.S. citizenship on his return, which would also make him INELIGIBLE;

    5. No certified proof that he registered for the draft/Selective Service between the ages of 18 and 26, as required by law, thereby rendering him ineligible, by law, for employment in the Executive Branch of our government, and therefore INELIGIBLE for POTUS. (NOTE: over a year of multiple FOIA requests produced a forged and blatantly fraudulent Selective Service Registration form that should be cause for indictments and arrests);

    6. No proof that he is, in fact, not an illegal alien, and therefore subject to the same penalties that would befall all illegal aliens in his situation. Therefore, INELIGIBLE;

    Constructive Knowledge would inform and confirm to all who have examined the facts of this collossal fraud being perpetrated upon We The People of America (see www.DrOrly.Blogspot.com – ‘Open Letter to C.J. Roberts’) that confirming the electoral votes and thereby furthering the act of installing Mr. Obama as POTUS could possibly be construed as failure to honor one’s oath of office.

    Therefore, we are calling on you, as a member of Congress, sworn to uphold, protect, and defend that Constitution, to OBJECT to the counting and confirmation of those electoral votes until proof of his eligibility or ineligibility can be determined, and to call for indictments in regard to any and all alleged violations of U.S. laws and one’s sworn oath.

    Please let us know if you intend to stand with We The People in this epic battle to defend and preserve our Constitution. Our Nation can survive four years of any President. It cannot survive without a Constitution.


    Sincerely;

    We The People of the United States of America


    Please advise of your INTENT TO OBJECT to Doctor.Taitz@gmail.com

    Note: Do not use this email address if you are not a member of Congress
    RSS DrOrlyTV Dr. Orly Taitz Dr. Orly Taitz
    If you want to contact me, send me an email at dr_taitz@yahoo.com.  

    Best-selling author Ann Coulter hopes

    Ann Coulter: Liberals are hoodwinking youSharon is not a Liar or Lawyer, Loves reading legal Constitutional Briefs, specifically US Supreme CourtBerg files new challenge to eligibilitynow titled Gregory S. Hollister  with standing to follow any order of Soetoro aka Obama?

    Philip Berg's earlier case and a request for an injunction in the case are scheduled for conferences with the justices on Jan. 9 and Jan. 16.

    The new case, filed with co-counsel Lawrence J. Joyce, was submitted to U.S. District Court in Washington, D.C., and names as defendant "Barry Soetoro a/k/a Obama."

    It demands to know Obama's real name and his constitutional qualifications to occupy the Oval Office. The plaintiff is Gregory S. Hollister, a resident of Colorado Springs, who has "standing" and "needs a decision so he knows whether or not to follow any order of Soetoro a/k/a Obama."

    Submitted in Good Faith for Election Reform, Integrity for the Public's Right to Know, MN Canvass Board to challenge Ballots without evidentiary hearing of the Author of the Ballot is Constitutionally Unacceptable.in other words, these Canvass Judges ie: Lawyers except Sec. State Mark Ritchie, are implementing their own opinions without coming face to face with the Author of the Ballots, ie: Voter.  techinally a copyright violations? by these Judges?

    PS Are you aware Obama-Biden-Hillary_Coulter_Orly_Berg are all LAWYERS

    Dear Sharon Please go to http://change.gov and sign in to submit and vote on questions, especially those submitted by me. I don't know if this will have much impact, but it could, and we need to take advantage of every opportunity to defend the Constitution. You can find my questions by searching on my name or on "constitution". Please spread this message to other forums. -- Jon ------------------------------------------------------------------- Constitution Society 2900 W Anderson Ln C-200-322, Austin, TX 78757 512/299-5001 www.constitution.org jon.roland@constitution.org

     ------------------------------------------------------------------- Change.gov: The Obama-Biden Transition TeamAn American Moment

    • Open for Questions
    • Happy Holidays
    • Your Weekly Address
    The BlogMonday, December 29, 2008 1:01 pm ESTOpen for Questions: Round twoToday, we're rolling out a new round of our Open for Questions feature.  read more... Thursday, December 25, 2008 9:52 am ESTHappy Holidays!For many people, this holiday season comes at a time of great hardship, but also of great hope: that we can come together as a nation and serve one another.  read more... Wednesday, December 24, 2008 10:00 am ESTA season of giving, a sense of common purposeIn this week's weekly address, President-elect Barack Obama calls on Americans to honor our service men and women and to think of those Americans being hurt by our sluggish economy. read more... Tuesday, December 23, 2008 12:44 pm ESTBiden meets with top economic advisorsVice President-elect Joe Biden made the case for a bold economic recovery package in a meeting in Washington this morning with the Obama-Biden administration's top economic advisors. read more... Tuesday, December 23, 2008 10:23 am ESTVice President-elect Biden to lead briefing on economic recovery packageVice President-elect Biden is in Washington today to be briefed by Larry Summers, Director of the National Economic Council, and other White House economic advisors on new economic developments and the upcoming economic recovery package.  read more... Monday, December 22, 2008 4:26 pm ESTVice President-elect Biden hones in on the middle classVice President-elect Biden discusses his plans as chair of the President-elect’s ‘White House Task Force on Working Families.’ read more... More from the blogPress ReleasesWednesday, December 24, 2008Weekly Democratic Address: President-elect Obama delivers holiday greeting Tuesday, December 23, 2008Transition team releases review of contacts Tuesday, December 23, 2008President-elect Barack Obama announces key members of National Security Team More Press ReleasesOpen Government

    To change this country, we're counting on Americans from every walk of life to get involved. Tell us how an experience in your life showed you something that is right or something that is wrong with this country -- and share your ideas for how to make it better.

    Learn More Upcoming EventsThe Inauguration Event

     

    http://shop.wnd.com/store/item.asp?DEPARTMENT_ID=6&SUBDEPARTMENT_ID=20&ITEM_ID=2510

    May it Please AllianceMN Sharon must share her numerous e-mails of info. today 3 are Relevant, check the links on Blogs.

    Regardless of Political Affiliations, this Political Junkie HaHa is rather well read an informed For the New Year

    Dear Sharon: 

    Thanks again for reading WorldNetDaily – the Internet's premiere independent news website. Following is a message we believe will interest you. As always, we appreciate your readership and support  Sincerely,The WorldNetDaily team Author of Born Liberal, Raised Right'

     

    Downsizing the Federal Governmentvernment:  Great video from CATO about the growth and expansion of the Federal Government.

     Could Senate seat Franken before he's certified as winner?With GOP Sen. Norm Coleman’s campaign signaling it will contest the results of the Minnesota Senate race , it appears that Minnesota will be without two senators as the 111th Congress convenes next month.

      Where is the Bailout Money Going?Congressman Ron Paul is on Neil Cavuto discussing where the bailout money is going.

    No. 3 of course 8th Cir. Opinions Affirming Judge JoanLancaster Erickson

    CIVIL PROCEDURE, CONTRACTS, CORPORATION & ENTERPRISE LAW, SECURITIES LAW
    Abbotts v. Campbell, No. 08-1349
    Participants in a Common Stock Purchase Agreement failed to show that the nondisclosure of a waiver of certain provisions of that Agreement was a proximate cause of their investment losses. The investors also failed to show that they exercised reasonable diligence warranting equitable tolling of the six-year statute of limitations specified by Minnesota Statute section 541.05. Read more...

    Educational pdf format Findlaw,http://caselaw.lp.findlaw.com/data2/circs/8th/081349p.pdf

    If you can't open get a password  & pagesUnited States Court of Appeals

    FOR THE EIGHTH CIRCUIT___________

    No. 08-1349

    ___________

    Glenn D. Abbotts; Steven Beigel; *

    Alyn Bell; Michael Cetta; Andrew R. *

    Cherna; Richard Cooper; Stewart W. *

    Evey; Timothy J. Hanratty; F. Scott *

    Jackson; Jeffrey Kaufman; Anis *

    Keywood; Gerald Moreland; James T. *

    Reilley; Rick Starr, Sean L. Sullivan; * Appeal from the United States

    James J. Walsh, * District Court for the

    * District of Minnesota.

    Appellants, *

    *

    v. **

    Caldwell Campbell, Esq.; Rowland W. *

    Day, II, Esq.; Day & Campbell, L.L.P., *

    *

    Appellees. *

    ___________

    Submitted: November 12, 2008

    Filed: December 29, 2008

    ___________

    Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

    ___________

    WOLLMAN, Circuit Judge.

    1Judge Joan N. Ericksen, United States District Judge for the District of

    Minnesota.

    -2-

    Sixteen individual investors (Investors) appeal the district court’s1 grant of

    summary judgment in favor of Cadwell Campbell, Rowland Day, and Day &

    Campbell, L.L.P. (collectively, Defendants). We affirm.

    I.

    On July 16, 1992, Day sent a “Dear Potential Investor” letter to the Investors,

    enclosing the Common Stock Purchase Agreement (CSPA) for International Gaming

    Management (IGM), business documents related to IGM, an Investor Suitability

    Questionnaire, and the signature page for the CSPA. The letter explained the

    documents and the income/net worth requirements for investing in IGM. The letter

    specifically noted that the investment was “a high risk investment” and that “each

    investor could lose the entire amount of his investment.” Each Investor complied with

    the letter’s requirements and purchased a minimum of 20,000 shares of IGM for $1.50

    each.

    As explained in Day’s letter, the shares purchased by the Investors under the

    CSPA were not registered with the Securities and Exchange Commission (SEC) and

    would not be freely tradeable until so registered. Day explained that under SEC Rule

    144, the Investors typically would have to hold the shares for two years before

    attempting to sell the stock, but that he had negotiated with IGM to allow his law firm,

    Day & Campbell, to immediately register the stock on behalf of the Investors. This

    would allow the Investors to sell prior to the expiration of the two-year period. Day

    stated that “[t]he registration process could take approximately 180 days to be

    completed.” The Investors were also permitted to sell their shares prior to registration

    by complying with the requirements of the CSPA and SEC Regulation S. Regulation

    S would likely result in a significantly discounted price and would require the

    -3-

    potential seller to obtain an opinion of counsel that the sale was exempt from

    registration requirements.

    Day was unable to register the shares as promised. On April 30, 1993, IGM

    asked its outside counsel, Dorsey & Whitney, to prepare a registration statement. On

    July 15, 1993, IGM’s president wrote to all CSPA investors, advising them that the

    registration statement had been filed and that IGM expected the stock to become

    freely tradeable within forty to ninety days. The SEC, however, did not accept IGM’s

    registration statement, following which IGM eventually abandoned its efforts to

    register the CSPA stock because the two-year holding period under Rule 144 was

    nearing expiration.

    Meanwhile, Day negotiated an agreement with IGM on behalf of the CSPA

    investors. Pursuant to this agreement, IGM would waive certain provisions of the

    CSPA, thereby removing some of the impediments to complete a Regulation S sale.

    Day & Campbell did not advise any of the CSPA investors of this waiver, and

    although Day claims to have verbally communicated the waiver’s existence to two of

    the Investors, both deny such communication. On the day that the waiver went into

    effect, July 2, 1993, Day attempted to sell 200,000 CSPA shares. The sale was not

    completed, however, because Dorsey & Whitney refused to provide the necessary

    opinion of counsel. The law firm permitted Day to seek the opinion from other

    counsel, but Day made no effort to do so.

    During the time that Dorsey & Whitney attempted to register the shares and

    Day negotiated the waiver, IGM’s share price was at its highest level, trading at

    approximately $10 per share. By early 1994, however, IGM was in significant

    financial distress. On July 28, 1994, federal and state authorities executed a search

    warrant and seized documents from IGM’s office pursuant to a criminal investigation

    of several IGM executives. The following day, share prices for IGM dropped

    substantially, leading to the suspension of trading of IGM stock. IGM later failed,

    rendering its stock worthless.

    2Mark Kallenbach is the Investors’ counsel and was an officer and member of

    the board of directors of IGM until 1992. After IGM failed in 1994, Kallenbach was

    appointed to IGM’s board and attempted to salvage parts of IGM’s business.

    -4-

    In 2000, the government returned all of IGM’s seized documents to Mark

    Kallenbach,2 who was involved in litigation against IGM executives. While reviewing

    the documents in connection with that litigation, Kallenbach discovered the waiver.

    Kallenbach sued Defendants based on the undisclosed waiver on behalf of himself and

    his wife. His case was settled in 2003.

    Eleven years after the failure of IGM and after settling his own suit against

    Defendants, Mark Kallenbach wrote to the Investors about potential claims that they

    may have against Campbell and Day based on the undisclosed waiver. Nineteen

    CSPA investors responded to Kallenbach’s letter and in March 2006 filed suit in

    Minnesota state court against Campbell and Day and their law firm for breach of

    fiduciary duty, negligent omission, attorney malpractice, and front running.

    Defendants removed the case to federal court on the basis of diversity jurisdiction.

    Two Investors dismissed their claims after acknowledging that they had signed a

    release in favor of Day & Campbell in the settlement of a related case, and one

    Investor dropped out of the case. The remaining sixteen Investors filed cross-motions

    for summary judgment.

    The district court denied the Investors’ motion for summary judgment and

    granted Defendants’ motion, holding that the statute of limitations on the Investors’

    claims had expired and equitable tolling was not warranted as a matter of law. The

    court also concluded that the Investors had not presented sufficient evidence that

    Defendants’ failure to inform them of the waiver was a proximate cause of their

    investment losses. It is from this judgment that the Investors now appeal.

    -5-

    II.

    The Investors concede that the six-year statute of limitations under Minnesota

    Statute § 541.05 has expired. They argue, however, that the period should be tolled

    because Defendants fraudulently concealed the waiver. Additionally, they argue that

    there was sufficient evidence to survive summary judgment that the concealment was

    the proximate cause of their losses.

    We review the district court’s grant of summary judgment de novo. Barry v.

    Barry, 78 F.3d 375, 379 (8th Cir. 1996). Summary judgment is appropriate if the

    evidence on file “show[s] that there is no genuine issue as to any material fact and that

    the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c). The

    movant bears the burden of making this showing. Celotex Corp. v. Catrett, 477 U.S.

    317, 323 (1986). The party opposing the motion “must set forth specific facts

    showing that there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477

    U.S. 242, 256 (1986). Although the evidence must be viewed in the light most

    favorable to the nonmovant, id. at 255, mere speculation is not enough to avoid

    summary judgment. Gregory v. Rogers, 974 F.2d 1006, 1010 (8th Cir. 1992).

    A.

    The Investors have not shown that they exercised reasonable diligence

    warranting equitable tolling of the statute of limitations period. Minnesota does not

    apply a discovery rule to any of the Investor’s claims, but rather applies “the damage

    rule of accrual, under which the cause of action accrues and the statute of limitations

    begins to run when some damage has occurred as a result of the alleged malpractice.”

    Antone v. Mirviss, 720 N.W.2d 331, 335-36 (Minn. 2006) (citing Herrmann v.

    McMenomy & Severson, 590 N.W.2d 641, 643 (Minn. 1999)) (internal quotations

    omitted). Because the Investors suffered their financial loss in July 1994, the statute

    of limitations began to run at this time.

    -6-

    Minnesota does, however, apply the discovery rule to allegations of fraud.

    Barry, 78 F.3d at 379-80. For fraud claims, “the six year limitations period begins to

    run when a plaintiff knew or should have known of the fraud.” Id. In such cases,

    “the plaintiff bears the burden of proving that she could not, through reasonable

    diligence, have discovered the facts constituting the fraud until within six years of the

    commencement of the action.” Id. at 380 (citing Blegen v. Monarch Life Ins. Co., 365

    N.W.2d 356, 357 (Minn. Ct. App. 1985). Further, fraudulent concealment of

    information material to a non-fraud claim will toll a limitations period. Cohen v.

    Appert, 463 N.W.2d 787, 790 (Minn. Ct. App. 1990). Likewise, the doctrine of

    fraudulent concealment “only tolls the limitations period until the concealment is or

    could have been discovered through reasonable diligence.” Id. at 790-91 (citing Wild

    v. Rarig, 234 N.W.2d 775, 795 (Minn. 1975)). The party relying on the doctrine must

    show that its own negligence did not contribute to the delay in discovery. Cohen, 463

    N.W.2d at 791.

    Following IGM’s collapse in July 1994, the Investors made no effort to obtain

    the documents seized by the government to investigate the reason for IGM’s failure.

    The Investors simply state that they could not have discovered the waiver because it

    was in government custody. The record shows, however, that access was granted to

    Daniel T. Zacharias after he explained that he hoped to rehabilitate IGM. Although

    Zacharias’s access was limited because the government was preparing its case, there

    is no indication that the government would have denied access to the Investors or that

    it would not have provided the documents upon completion of its case. The Investors

    knew that Defendants failed to register their shares as promised and that this prevented

    them from selling their shares for a profit. They also knew that something was

    drastically wrong when the FBI raided IGM. Yet, the Investors sought no recourse

    from Defendants. Following the complete loss of their investment in IGM, the

    Investors have largely lost or discarded their documents relating to their investment

    and have written off the losses they incurred.

    -7-

    As the district court noted, it appears that the Investors gave no thought to IGM

    until an attorney’s solicitation letter touting a previous success arrived eleven years

    after the loss. The record reflects indifference and opportunism rather than reasonable

    diligence. “Statutes of limitation serve a general purpose of repose, the interest of

    both the defendant and society in freedom from stale claims.” Bartlett v. Miller &

    Schroeder Muns., Inc., 355 N.W.2d 435, 439 (Minn. App. 1984). The interests of

    justice do not require the tolling of the limitations period in this instance. See id.

    B.

    Additionally, the Investors “have failed to present specific facts giving rise to

    a genuine issue for trial as to the causal connection” between their losses and the

    nondisclosure of the waiver. Lubbers v. Anderson, 539 N.W.2d 398, 401 (Minn.

    1995). Although proximate cause is generally a fact question for the jury, “where

    reasonable minds can arrive at only one conclusion, proximate cause is a question of

    law.” Lubbers, 539 N.W.2d at 402 (quoting Warnick v. Moss & Barnett, 490 N.W.2d

    108, 113 (Minn. 1993)). The Investors’ proximate cause argument rests on the bald

    assertion that they would have sold their shares if they had known of the waiver. That

    one can look back with the knowledge of fluctuating stock prices and the impending

    failure of the company and say that he would have sold at a particular time is simply

    too self-serving and speculative to form the foundation of a causal connection. The

    record, including the Investor’s expert testimony, does “nothing more than show a

    mere possibility, suspicion, or conjecture that such a causal connection exists, without

    any foundation for the exclusion of other admittedly possible causes,” and thus

    “provides no proper foundation for a finding of a causal connection.” Bernloehr v.

    Central Livestock Order Buying Co., 208 N.W.2d 753, 755 (Minn. 1973).

    The Investors’ claims do not merit equitable tolling and the Investors have

    failed to present sufficient evidence of causation. Accordingly, the district court’s

    judgment is affirmed.

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