All Cap Name Task Force
(E) (E)
“Experience declares that [defense counsel & their CEO Visa/Mastercard/Diner’s] man is [one of the 500 sector] … animal[s] which devours his own kind, for I can apply no milder term to the governments … and to the general prey of the rich on the poor.”[1]
“Our Constitution has accordingly fixed the limits to which, and no further, our confidence may go… “[2]
“The [future revenue or] labor of a human being is not a commodity or article of [bill of credit card] commerce.”[3]
“In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”[4]
“It is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power.”[5]
“Proof a [Niche Esquire & State Bar & Courts, Fed & State suppression by omission] relationship was formed and contributed to affecting price [income down or up] is proof of the completion of a price-fixing [my income for seven years plus] conspiracy.”[6]
No preference shall be given by any regulation of [people hacking for money commerce] commerce….[7]
In all Cases affecting Ambassadors, other public [Judge] Ministers and [D.A-A.G. – P.O. – Police/Sheriff] Consuls, and those in which a State shall be Party. Article 3!
“If the State [group, judges key] converts a right (liberty) into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity.”[8]
Now, this, in part, concerns, Joanne Remke et all State Bar Ops credit card business & converting (theft), in the most heinous way, my 9th Amendment birth right to work, for which deep exposure is.
Now, three more of My Alt resume references, for your information, are:
A) Captain Greg Miller (Annapolis Econ Department);
B) Rear Admiral James W. Houck – Commander, Naval Legal Services
C) Lynne Dallas (Anti-Trust Professor University San Diego);
D) Roger Knoll (MBA, PHD, Economist Stanford University;
E) Milkin Institute, Dr. Milkin’s Economic Team, unbiased; &
F) Mark Anderson (Anti-Trust Professor University of Idaho), e.g.
More references & writing samples are always available, should you desire more!
Hail OO Hail OO
[1] Thomas Jefferson to Edward Carrington, 1787.
[2] –Thomas Jefferson: Draft, Kentucky Resolutions, 1798.
[3] 15 USC, §17.
[4] Thomas Jefferson: Draft, Kentucky Resolutions, 1798.
[5] –Thomas Jefferson: Draft, Kentucky Resolutions, 1798.
[6] Socony, at page 224.
[7] Article 1:9.
[8] Shuttlesworth v. City of Birmingham, Alabama, 373 U.S. 262
About Bernstein’s Max Berger Open Door Action in Every Case, Small To Jumbo, his Partner Team contracted (court granted – Gov) for, this reminder applies:
Page 12-13 of the honorable court’s order reads, verbatim:
22. The Court retains continuing and exclusive jurisdiction over the Action for the reasons and purposes, and subject to the conditions, set forth in the Settlement Agreement.
24. This Action has been pending since the first of the constituent actions were filed in 2002.
The Settlement [contract] Agreement resolves all of the claims asserted by the Class against the Settling Defendants and pursuant to the above bar orders bars any claims for contribution by or against any Settling Defendant. The claims asserted against the Settling Defendants, which are now settled, raise issues that are separable from the remaining claims of the Class Representatives and the Classes against the Non-Settling Defendants. Permitting that immediate appeal, if taken, of this Order would not result in any duplication of review by an appellate court, because if an appellate court were to vacate the Settlement Agreement, then the parties may reasonably continue their prosecution or defense of the claims while this Court continues to preside over other related claims, without a waste of time or judicial resources. If this Order were not immediately appealable, once an appeal were ripe after the conclusion of the entire coordinated litigation, and if the appellate court vacated this Order, then this Court would face re-trying the entire litigation as to the Settling Defendants, thereby wasting judicial resources.
25. By reason of the finding in the previous paragraph, there is no just reason for delay in the entry of this Order and immediate entry by the Clerk of the Court is expressly directed pursuant to Rule 54 (b) of the Federal Rules of Civil Procedure. The Actions are not dismissed with respect to claims against the Non-Settling Defendants.
26. The Court having determined that there is no just reason for delay, hereby Orders entry of FINAL JUDGMENT with respect to the Settling Defendants, and in accordance with Federal Rule of Civil Procedure 54(b) this 19th day of December, 2007.
/s/Paul Barbadoro
Paul Barbadoro
United States District Judge
cc: Counsel of Record
Another journalist wrote, verbatim:
Based on the 488,000 plaintiff lawyer hours reportedly logged on the case, the $464 million fee award works out to an hourly lawyer rate of almost $1, 000 per hour. On a percentage-of-recovery comparison basis, the lead counsel’s fee award in Tyco outweighs the fee award requested in connection with the Enron securities class action. In late November 2007, the lawyers who recovered about $7.2 billion in settlements for Enron shareholders sought approximately $700 million for their efforts, the largest fee request in securities class action history. To date, the Enron court has not ruled on the plaintiff lawyers’ fee request in that case.
Three institutional investors who are members of the class have objected to the size of the request. WSJ Law Blog has a rundown of the numbers.
Lacking Remorse
By JOE NOCERA
nocera@nytimes.com
June 7, 2008
Some guys just don’t know when to shut up. Lerach is one of those guys.
Mr. Lerach’s statement[s about Complex Class Market Makers Business] has infuriated other plaintiffs’ lawyers. About IT Max Berger, of Bernstein Litowitz, Berger & Grosman issued a press release saying, verbatim:
“It would just be unthinkable” to give kickbacks to lead plaintiffs.
Some guys just don’t know when to shut up. Another Bernstein Litowitz partner, Sean Coffey published, verbatim:
“It is bad enough that this confessed criminal cheated for years to get an unfair advantage over his rival firms. But for this guy, on his way to prison, to say that everyone does it is just beyond the pale.”
Some guys just don’t know when to shut up.
Beyond Pale Coffee, Sean
He’s a crook who got caught, and if putting him in prison for his little kickback scheme — rather than his far more venal form of economic extortion — is a little like putting Al Capone in jail for tax evasion, well, so be it.
The best description of [Berger &] Mr. Lerach’s methods I ever heard came from the venture capitalist John Doerr: a “cunning economic terrorist,” he called him.
I think Max, Blair Nicholas & Sean Coffee all forgot to mention the black notebook that was planted with them directly (in January 2000) & capitalized on by them hugely over the past 8 years. A copy of that is available for public viewing.
With regard to the facts relating to IT as the Bernstein Team said, verbatim:
“It is bad enough that this … criminal cheated for years to get an unfair advantage over his rival firms. But for this guy … to [publish fraud by omission plus] is just beyond the pale.”
I do appreciate Mrrs. Berger & Coffee’s renewed public invitation (to me personally) to engage in additional “robust” fact & rule debate relating to the above.
Modified
By Us
For Un-Complex Scratch & Sniff Bits, you are invited to view this Max Berger – Coffee public info posting:
https://cid-77d0ff7ab3786013.skydrive.live.com/home.aspx
Lief – Max Berger – Coffee
A Flat Esquire Cartel – By Definition
In the context of the attached four one page verified exhibits, marked A-D, I present this core universal truism about cartel boycotts, articulated by the highest White Shoe Industrial Economic Contract’s Material Term Authority:
A. But in a cartel … the [Class Action] sellers cede control over the[ir individual cash decisions] … to the collective …. That’s what distinguishes … fixing … from a normal … market.
The common Cartel variable here is price, Complex Class action Barrister’s prices, from file clerks who they charge 120 dollars per hour to Mr. Michael Hausefeld’s “very close” to, aka, in a “narrow ambit” to Bill Lerach’s fat $900 through the ceiling hourly sticker price tag. These numbers are charged to Us, in price cases, which they are oddly paid for not identifying what price right & what pay right is, across the board. They don’t brief or litigate that point because their artificial hourly prices would not be “maintained” & upped annually & would have to drop to price equals cost levels. Instead they remain sky high just like commodity & gas chain sellers, verbatim:
A. … Because we watch … each other …. If we lowered our prices on … items that are high volume, in a … short period … a couple of weeks, the rest … would … lower … prices … to … ours …; and … we … lose that [pirate] advantage.
Next, just like supermarkets, but unlike Gas Stations, Esquires offer “sales” or dips in their artificial prices, which need to be monitored to assure they are only temporary verbatim:
Q. When you … check … do you record the regular price or … the sale price [or both]?
A. We include the sales price. And … our system … identifies the retail as being a promotional retail.
A. … a [Plaintiff’s Complex Lit Class Action Case by Case] cartel … sets a floor price — its main things [is] … to set a floor price. There’s an incentive … to cheat on that floor price and go below it.
Q. Now, do cartels … to work … require some type of ongoing [price] communication and coordination?
A. Yes.
A. … because they didn’t trust each other and they were watching for cheating….
see U.S. V. Container, 393 U.S. 333 (1969)!
“Match” or close to matching – up – sky high, A-Z – felony op (Max)
Protocol & Niche Class Government Contractor Cons:
Colors of Authority (PD)
Now, As Chief Justice Marshall pointed out for a unanimous Court in Marbury v. Madison (1 Cranch 136 at 179):
“The framers of the constitution contemplated the instrument as a rule for the government of courts, as well as of the legislature.”
“Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government?”
“If such be the real state of things, that is worse than solemn mockery. To prescribe, or to take this oath, becomes equally a crime.”
Article. VI. – Debts, Supremacy, Oaths
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Sweeping Issues Of Nationwide Concern
“There are two [Ex] classes of citizens under our form of [two republic] government[s], citizens of the United States and of the state; and one may be a citizen of the former without being a [double direct capitation taxed [property] citizen of the latter.”
“Every [All Cap Name] contract … in the form of trust or otherwise … in restraint of trade or commerce among the several States, or with foreign [domestic County/State dependent sovereign 10th Amen ] nations, is…illegal.”
Duty Owed – Relating To Sinister Void Orders
“A void judgment is not entitled to the respect accorded a valid adjudication, but may be entirely disregarded, or declared inoperative by any tribunal in which effect is sought to be given to it. It is attended by none of the consequences of a valid adjudication. It has no legal or binding force or efficacy for any purpose or at any place. … It is not entitled to enforcement … All proceedings founded on the void judgment are themselves regarded as invalid.” 30A Am Jur Judgments ” 44, 45.
Ex My Alpha Solutions
“With legitimate [Complex Lit sought, got & used rival price] information exchanges there is no reason to expect the average market price, or price level, to change.
“If it does change, that is evidence that the purpose of the exchange of information was not to narrow the dispersion of prices – a legitimate objective – but rather to raise prices above the [PRICE = COST] competitive level.”
“This is because in a competitive market price is equal to cost and each seller knows his own cost.”
“In a perfectly competitive market the purpose of exchanging competitive market information is to help keep participants informed about one another’s current prices, which is the way in which a perfectly [legal] competitive marketplace operates.”
“Information exchanges that improve the availability of market information, however, also tend to increase interdependence and to facilitate price coordination.”
The Pen – Ink Is Much
Mightier Than The Sword
“Information is thus a double-edged sword: it is necessary if the competitive process is to work properly, but it can also facilitate collusion under certain market conditions.”
A. You can’t collaborate without some type of [price check] communication….
A. And … given the incentive to cheat….
A. … you have to be in [price] communication with one another to account for those factors.
“[E]xchanges … must remain subject to close scrutiny by anti-trust.”
“Any way that they communicate, whether through a trade association, market information distribution center, like QRS, IRI or A.C. Nielsen, news paper notices, private arrangement (U.S. v. Container, 393 U.S. 333, 335 (1969)), price list circulation (U.S. v. Goldfarb), or otherwise, if it is a form of communication that leads to a restriction in [price equals cost] competition, it is illegal.”
Naval [Law] intelligence refers to the gathering and distribution of [law & fact] information relevant to a nation’s navy. It is used to predict an enemy [Law] fleet’s movements and [Law] intentions, and how to counter their [Law] plans. It can also consist of attempts at discovering a particular cipher either through observations, [Law] code-breaking specialists, or theft or recovery of parts of an enemy’s cipher machine from a ship after boarding. This can also be collected from planes, [Law] spies, [Law] submarines, [Law] divers, and other [Law] methods.
With proper naval [Law] intelligence, an admiral or naval [Law] officer will be able to outmanouver and manipulate the opposing [Law] forces.
[Complex Lit Law] Cipher
In cryptography, a cipher (or cypher) is an algorithm for performing encryption and decryption — a series of well-defined steps that can be followed as a procedure. An alternative term is encipherment. In non-technical usage, a “cipher” is the same thing as a “code”; however, the concepts are distinct in [Law] cryptography. In classical cryptography, ciphers were distinguished from codes. [Law] Codes operated by substituting according to a large codebook which linked a random string of characters or numbers to a word or phrase. For example, “UQJHSE” could be the [Law] code for “Proceed to the following coordinates”.
Al [Complex Lit law] Gore – Rythym – See
Don’t wonder why Mr. Blair Nichols – Max Berger fail to respond to inquires about HOW exactly they set their hourly prices,
$540 – Blair Nicholas
$700 Mark – Max Berger