Due Process Clause

New NCLA Lawsuit Exposes Public Company Accounting Oversight Board’s Star Chamber Proceedings

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星期二, 三月 5, 2024

Complaint, PCAOB, Exchange, Court, Due Process Clause, Star, District court, Constitution, NCLA, Sarbanes, Appropriation, Sixth, Appointments Clause, Security (finance), Congress, Fifth Amendment, Supreme court, Senate

NCLA’s client, John Doe (a pseudonym used to protect his anonymity), asks the Court to stop these disciplinary proceedings and declare them unconstitutional.

Key Points:

NCLA’s client, John Doe (a pseudonym used to protect his anonymity), asks the Court to stop these disciplinary proceedings and declare them unconstitutional.
NCLA is pleased to partner with Tom Potter in the Nashville office of Burr & Forman LLP on this important matter of first impression.
After years of intrusive investigation, PCAOB can impose punishing sanctions against individual accountants and accounting firms in its regulatory ambit.
The Board’s disciplinary proceedings deprive John Doe of his right to a jury trial, violating the Sixth and Seventh Amendments.

AHF Sues Post Office Over Refusal to Deliver Mail to Tenants at SRO Buildings

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星期二, 二月 13, 2024

AHF currently houses 1417 people in 13 SRO properties in Los Angeles.

Key Points:

AHF currently houses 1417 people in 13 SRO properties in Los Angeles.
The Postal Service formally was served on the case – Shawn Jenkins and AIDS Healthcare Foundation vs. USPS, Louis DeJoy & Six … ( Case No.
California law requires landlords have an individual, locking mailbox for each SRO tenant.
However, the USPS is refusing to deliver mail into those individual mailboxes, instead dumping dozens or hundreds of people's mail into one big pile at the front desk of each SRO property each day.

Navarro College and Coach Accused of Attempting to Cover up Sexual Assault

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星期一, 五月 1, 2023

Male, Navarro College, Education, Education Amendments of 1972, Lanier, Equal Protection Clause, Constitution of Texas, Title IX, Due Process Clause, District court, 2007 Texas constitutional amendment election, Police, Assault, Netflix, Nursing, Cheering

CORSICANA, Texas, May 1, 2023 /PRNewswire/ -- Mark Lanier with the Lanier Law Firm has filed a Title IX lawsuit in federal court in Dallas on behalf of a woman who says she was urged not to report being sexually assaulted by a male cheerleader at Navarro College in Corsicana.

Key Points:

Navarro College and their Title IX coordinator did nothing about reporting, writing up the report, investigating it or doing anything of the like," says Lanier.
The young woman says campus police and athletic director Michael Landers also urged her against reporting the assault.
The Navarro College Bulldogs Cheer Squad is considered one of the nation's elite junior college cheerleading programs, having won 15 national championships since 2000.
The case in U.S. District Court for the Northern District of Texas is 3:23-cv-00883, Lane v. Navarro College et al.

NCLA Challenges SEC’s ‘Hotel California’ Administrative Adjudication Regime

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星期一, 四月 24, 2023

Supreme, Commission, Alje Vennema, Administrative Procedure Act (United States), Due Process Clause, ALJ, Lucia v. Securities and Exchange Commission, Hotel California, Fifth, Congress, United States Court of Appeals for the Fifth Circuit, Administration, Supreme court, Seventh Amendment, NCLA, Fifth Amendment, Financial adviser

Under SEC’s own rules, agency commissioners had to decide our clients’ appeal no later than October 2020.

Key Points:

Under SEC’s own rules, agency commissioners had to decide our clients’ appeal no later than October 2020.
SEC’s prolonged and willful refusal to decide our clients’ case is depriving them of their right to a fair and timely adjudication under the Due Process Clause of the Fifth Amendment and under the Administrative Procedure Act.
As a Texas resident, Ms. Young and her company would benefit from the Fifth Circuit’s decision in Jarkesy v. SEC.
SEC’s willful disregard for our clients’ constitutional rights, particularly their rights to a fair and impartial tribunal and to a jury trial, is inexcusable.”

NCLA Challenges Modern Star Chamber Proceedings at Public Company Accounting Oversight Board

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星期五, 一月 20, 2023

Plaintiff John Doe (a pseudonym used to protect his anonymity) seeks to stop PCAOB from continuing its unlawful and unconstitutional disciplinary proceedings.

Key Points:

Plaintiff John Doe (a pseudonym used to protect his anonymity) seeks to stop PCAOB from continuing its unlawful and unconstitutional disciplinary proceedings.
These potential penalty amounts are 20 times higher for firms than penalties the Securities and Exchange Commission (SEC) may impose.
Increasingly, Congress outsources vast governmental powers to private actors who are not elected by the citizenry nor appointed by the President.
The Sarbanes-Oxley Act created this uniquely extra-constitutional machinery 20 years ago, and it’s past time for the courts to shut it down.”

Jackson, Mississippi Residents File First Federal Class Action Lawsuit Over the Contamination and Failure of the Water System

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星期一, 九月 19, 2022

All families are entitled to clean and safe drinking water, said Lieff Cabraser partner Mark P. Chalos, who also represents the Plaintiffs in the case.

Key Points:

All families are entitled to clean and safe drinking water, said Lieff Cabraser partner Mark P. Chalos, who also represents the Plaintiffs in the case.
Government officials turning a blind eye to contaminated water and letting a major American citys infrastructure crumble into disrepair is neither representing nor caring for its people.
This lawsuit seeks to bring justice and safe, clean water to the Jackson community.
These residents lacked safe drinking water, or water for making powdered baby formula, cooking, showering, or laundry.

DAUGHTER OF ICONIC ARTIST PETER MAX FILES LANDMARK FEDERAL LAWSUIT AGAINST NY COURT FOR CONSTITUTIONAL VIOLATIONS IN THE GUARDIANSHIP SYSTEM

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星期二, 七月 26, 2022

Max, New York City courts, Due Process Clause, Constitution, Friends, Bias, Secrecy, Family, NEW, Complaint, Libra, Online gambling, Management, Private investigator, New Yorker

NEW YORK, July 26, 2022 /PRNewswire/ -- Libra Max, daughter of the 84-year-old ailing pop artist and beloved New Yorker, Peter Max, filed an unprecedented lawsuit in the Southern District of New York against Deborah Kaplan, Deputy Chief Administrative Judge for the New York City Courts, who oversees the New York guardianship court. Libra Max has sued for violations of her constitutional right to a fair trial under the Due Process Clause of the United States Constitution.

Key Points:

Libra Max has sued for violations of her constitutional right to a fair trial under the Due Process Clause of the United States Constitution.
"This case issocritical because the constitutional right at stake issobasic: to hear and respond to all of the evidence that your adversary presents to the court," said Celli.
Thousands of Peter Max's supporters, including family, friends, victim's advocates, and lawmakers, have signed their support for Peter at FreePeterMax.com .
Libra Max and her attorneys, Andrew Celli and Jonathan Martinis, are available for interviews.

Joe Budd for Congress: Jubilee for the unborn!

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星期五, 六月 24, 2022

BOCA RATON, Fla., June 24, 2022 /PRNewswire/ -- In the majority opinion, SCOTUS states, "We hold that Roe and Casey must be overturned. The Constitution makes no reference to abortion, and no such right is implicitly protected by any Constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely – the due Process Clause of the Fourteenth Amendment…Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences."

Key Points:

BOCA RATON, Fla., June 24, 2022 /PRNewswire/ -- In the majority opinion, SCOTUS states, "We hold that Roe and Casey must be overturned.
Now in the 50th year of Roe v. Wade we celebrate the year of Jubilee for unborn babies!
Let us not forget, the Republican Party was established for the sole purpose of abolishing slavery.
Juneteenth was originally celebrated as Jubilee Day, referencing the Judeo/Christian teaching about the year of release and restoration.

DEMOCRATIC ATTORNEY LANNY J. DAVIS, REPRESENTING ARIZONA BUSINESS LEADER, MIKE INGRAM, HOLDS TELEPHONIC PRESS CONFERENCE ASKING U.S. HOUSE COMMITTEE CHAIRS TO ALLOW HIM TO REBUT THEIR MAY 11 DEPARTMENT OF JUSTICE REFERRAL AT A PUBLIC HEARING

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星期四, 五月 19, 2022

WASHINGTON , May 19, 2022 /PRNewswire/ -- On Thursday, May 19, 2022, attorney Lanny J. Davis held a national telephonic press conference to rebut allegations made against Arizona businessman Mike Ingram by the U.S. House of Representatives Natural Resources Committee and request the opportunity to rebut the allegations before the full Committee.

Key Points:

Davis outlined five facts he asserts the Committee Chairs either minimized or ignored altogether because they were "inconsistent with what seemed to be a preconceived conclusion."
One example of such a fact concerned a June 12, 2019 letter written by the U.S.
Davis concluded his press conference by reiterating his request to present his case directly to the full Committee, an opportunity he was not afforded before the Committee made its criminal referral letter public.
A copy of Davis's full remarks, in addition to copies of the documents he references, can be found at this site: https://eldoradoholdings.net/Facts-About-The-Villages-at-Vigneto-and-Reb... .

NCLA Amicus Brief Asks Ohio Supreme Court to Stop Courts from Deferring to Agency Interpretations

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星期二, 四月 19, 2022

Agency deference violates the Ohio and federal constitutions by requiring judges to abandon their duty of independent judgment.

Key Points:

Agency deference violates the Ohio and federal constitutions by requiring judges to abandon their duty of independent judgment.
Granting deference to agency statutory interpretations, NCLAs brief argues, violates both the state and federal constitutions for two reasons.
The Ohio Supreme Court would do well to join its sister state supreme courts and jettison the practice of deference altogether.
The Ohio Supreme Courts past use of deference is particularly concerning due to its inconsistent application of the doctrine.