Stop the noise

On Sun, 28 Mar 2004 00:49:26 -0500, Jessie Carlson
wrote:

Larry Dighera wrote:

It sounds like a jurisdictional issue to me. I doubt the local court
has the right to countermand the FAA's decisions.

You don't understand. This is Massachusetts. Courts in this very Liberal state
can do whatever they want, and they aren't accountable to anybody or anything.

If that is the line the defense attorney is spewing, it's time to find
another more competent one.

Yes, eventually a federal district court or appellate court might hear the case.
But that will be way down the line, after much direct and collateral economic
damage is done. And that's what the plaintiffs want.

If a suit is filed in a court that lacks jurisdiction solely to harass
the plaintiffs, it could be viewed as abuse of process. The law cuts
both ways.

wrote in message
...
On Sun, 28 Mar 2004 00:49:26 -0500, Jessie Carlson
wrote:

Larry Dighera wrote:

It sounds like a jurisdictional issue to me. I doubt the local court
has the right to countermand the FAA's decisions.

You don't understand. This is Massachusetts. Courts in this very
Liberal state
can do whatever they want, and they aren't accountable to anybody or
anything.

If that is the line the defense attorney is spewing, it's time to find
another more competent one.

Yes, eventually a federal district court or appellate court might hear
the case.
But that will be way down the line, after much direct and collateral
economic
damage is done. And that's what the plaintiffs want.

If a suit is filed in a court that lacks jurisdiction solely to harass
the plaintiffs, it could be viewed as abuse of process. The law cuts
both ways.

Right. You have to sue in a court that has power to enforce its ruling.
For instance, if I want to file a small claims action against you, I must do
it in your home (or business) location. That's because the court there can
ask the local police to serve you or to physically arrest you if it turns
criminal.

So, who is it that is being sued? The pilot making the noise? The FAA for
not enforcing its own regs? The local police? The plane's owner? The FBO?
Airport? The complainer should get a really good attorney. And take his
wallet alone.

wrote:

On Sun, 28 Mar 2004 00:49:26 -0500, Jessie Carlson
wrote:

Larry Dighera wrote:

It sounds like a jurisdictional issue to me. I doubt the local court
has the right to countermand the FAA's decisions.

You don't understand. This is Massachusetts. Courts in this very Liberal state
can do whatever they want, and they aren't accountable to anybody or anything.

If that is the line the defense attorney is spewing, it's time to find
another more competent one.

Not to worry, no civil defense attorney would dare utter a description of the
Massachusetts process when sober.

Yes, eventually a federal district court or appellate court might hear the case.
But that will be way down the line, after much direct and collateral economic
damage is done. And that's what the plaintiffs want.

If a suit is filed in a court that lacks jurisdiction solely to harass
the plaintiffs, it could be viewed as abuse of process. The law cuts
both ways.

That would be true only if the state court agrees. But this court is a Massachusetts
court, so it does not. At least until and if a federal court agrees to hear the
case.