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Re: Child Love Foundation

Posted by Dante on Friday, November 21 2014 at 10:28:14PM
In reply to Re: Child Love Foundation posted by Pierro on Friday, November 21 2014 at 8:51:36PM

"Do you plan to out yourself to act as the plaintiff?"

"No, but can a foundation act as the plaintiff?"


From http://www.forbes.com/sites/danielfisher/2014/02/04/plaintiff-is-that-really-necessary-in-a-class-action/ ;

"“Lawyers do not have authority to file a lawsuit on behalf of either a client or a putative class representative without the prior consent of that person,” said Nancy Moore, an expert on professional ethics at the University of Boston Law School."

"If you want to set up an anonymous class-action how do you intend to protect against a John Doe Subpoena?"

"I don't understand your question. My knowledge of law is lacking."


Then it sounds as if your legal ambitions aren't sound.

A John Doe subpoena is a request during discovery to find the identity of the anons behind a John Doe class-action. It can be quashed in court. But quashing it simply means that those challenging the suit cannot gain access to the identity of the plaintiff/s behind the suit, not that a suit is possible without plaintiffs.

John Doe subpoenas are often brought in order to either dismiss an abstract claim to harm, or to at least force proof that there was a SOMEBODY claiming harm.

It would seem to me to be very difficult to overturn the laws without claiming that they harm SOMEONE. And just who that someone is remains to be declared by you.

Without any civil rights protections I would think that a Pedo might fear d0xing himself to the officers of the court even if a John Doe subpoena were quashed and even if nothing came of the case. At the very least the d0xing required to prove that there was a plaintiff behind the suit exists in records. And even sealed records sometimes leak.

It all takes the willingness to risk something. But you ought to at least look into what risks are required before you ask for others to risk.

AND, are you now asking that anonymous donors be outed plaintiffs?

Ordinarily a foundation is nothing more than the party its name was incorporated or registered under. And those contributing to a general legal defense fund ( like the CBLDF ) are both granting it general leeway as to how to pursue its interests without being a party to any specific case. But that's why no CBLDF case cites the CBLDF as a plaintiff. ( CBLDF: Comic Book Legal Defense Fund. )

But by asking for a personhood recognition of a donations fund for its purpose as a plaintiff, you tie the donors to the claim of harm, subject them to a potential John Doe Subpoena and discourage Nons from donating.

It seems to me that you need a better idea of what a Foundation IS, and of whether what you hope to accomplish through one even can be accomplished.

I think that most everyone here agrees that the unjust laws need removal. But a call to action requires first understanding what you're calling for.

It would be kewl if someone who had the knowledge and resources came to us to ask for support for their plan. All too often we have folks asking others to come up with all the resources and even the plan. They want to lead from behind. Which, of course, makes it easier to blame others when the ideas which worked in the imagination don't pan out in RL.

But please do some more research and propose an idea when you have formulated one.

Dante

Dante





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