Friday, June 24, 2016 12:09:54 PM
Anonymous on June 24, 2016 at 11:58 am
It is not that simple.
In FnF case, for defendants to win, courts have to exempt them from every law.
That is why defendants are fighting tooth and nail to avoid trial.
In the end, defendants would settle the lawsuits rather than go to the trial.
Being powerful Gov agencies, defendants have this advantage. No plaintiff wants to take on these agencies.
So far Defendants have used self-contradictory approaches to defend different cases; Defendants have made up their defense arguments as they go without thinking much about consequences of false and misleading statements. So far they have avoided going to trial using these strategies.
At some stage defendants will lose their credibility in courts. Then courts will no choice but to favor plaintiffs.
Sovereign immunity(SI) and SMJ should only be used by Gov agencies when performing Sovereign functions.
SI and SMJ should never be used when performing non-sovereign commercial functions or to hide wrong doings. It would be perverse abuse of SI and SMJ if used in FnF case.
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