Justice = A Matter of Federal Court Shopping
Just like the bad, old Jim Crow days, "justice" in America is, in large part, a matter of where you happen to live. Or -- like my battle with Random House -- where you happen to get sued.
It's clear in my Petition for Certiorari, asking the Supreme Court to hear my appeal, Random House didn't "win" on the facts so much as they won by court shopping -- suing me in in a federal court where expert testimony is not allowed in cases like mine.
My petition clearly shows that federal court circuits are divided about 50-50 in this expert testimony issue. Thus, in half the U.S., Random House could get a case thrown out on this expert-witness technicality while in the other half of the U.S., I would have been allowed a trial on the facts.
The discussion of which federal court circuits are on which side, begins on page 13 of my petition (which is page 21 of the .pdf document).
It's clear in my Petition for Certiorari, asking the Supreme Court to hear my appeal, Random House didn't "win" on the facts so much as they won by court shopping -- suing me in in a federal court where expert testimony is not allowed in cases like mine.
My petition clearly shows that federal court circuits are divided about 50-50 in this expert testimony issue. Thus, in half the U.S., Random House could get a case thrown out on this expert-witness technicality while in the other half of the U.S., I would have been allowed a trial on the facts.
The discussion of which federal court circuits are on which side, begins on page 13 of my petition (which is page 21 of the .pdf document).
posted by Lewis Perdue at 7:03 AM
4 Comments:
Dear sir,
Forgive me, if my English fails, for I am not English speaking.
I will not pretend to know all about your situation, because I do not. However, I have read enough to know what is going on.
Is this whole situation not quite tiresome to you? It feels to me as an endless battle for justice, without an end in sight. I can be wrong, but that is how I see it. Have you ever thought about just letting it drop, like one drops an empty can in the bin?
Because, in the end, what does it all matter? Maybe one has copied his whole book from others, maybe one has not. And if one has, let him be happy with it. Does it harm you in any way, if one has copied it?
You say it does not, in a financial way ( except for your own legal costs ), and that all your winnings will go to charity. So there must be something else in you that feels harmed. Is it the "ego", the "I" that feels it should get the recognition of what another now gets? I do not say it is so, it just could be, or not.
As I see it, nobody is harmed. Maybe Dan Brown tells lies, maybe he does not. If he does, why bother? It will never be clear, and if it would be, would it make one happier?
I want to make clear that I do not take sides. The case in itself is totaly unimportant to me, but what is important to me is one's happiness. You may not believe that, but it is so, as I feel that way to every human being.
Do not get caught in a web of illusion. There is no gain in winning or losing this.
I hope you do not take this the wrong way. I do not judge, or again, take sides. I just want to help.
Just live, be.
Warm greetings,
Ramon.
ramonmosterd@hotmail.com
Yes, you are correct.
I would never have sued Random House. But they were disturbed over the facts I posted on the Intenet and they sued me first to punish me for telling the truth.
I don't know it strikes me as a judgment offhand. When good men do nothing injustice prevails.
Yes, but justice is not to be expected from a court system. The insane asylums of the world are filled with people who expect life to be fair.
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