According to court records, he certainly has the ‘look’ of one – 100% VERIFIED!!
As our long time readers will recall, Jason Van Dyke is an attorney in Denton, Texas, He is also part of a group we call the McGibney Gang, which is a group led by San Jose, CA revenge pornographer James McGibney (who we don’t like) and who has been responsible for a series of SLAPP lawsuits filed all across the country against a group of entirely random people who might or might not be a part of a Grand Civil Conspiracy Theory group.
We have all the police reports for your viewing pleasure.
San Jose revenge porno perv James McGibney (who we don’t like)
Good day, eh. Well not so good if you are a Nazi, and doubly not so good if you are a Nazi who is also a member of the McGibney Gang who thinks it is funny to make FALSE police reports about people claiming that they committed crimes against you.
Denton County, Texas Jail Report
Kinda like this other asshole did a few years ago. CHECK IT OUT!
Posted on the BullyVille.com website about FOUR years ago
Yes, apparently some really mean person has been supposedly sending people emails. Oh, wait… that email account does not belong to American Hero & Honorary Admin of the BV Files Thomas Retzlaff! That email account belongs to one of our REAL Admins here, Dean Anderson! WTF, McStupid?!
Now why would James McGibney (who we don’t like) be falsely accusing people of using our Admin’s email account? After all, is it not true that McGibney has accused seven other people of also being Admins here, too? Did he not make those claims in both his Texas LOLsuit and the Federal LOLsuit?
Well, we guess this is the super secret FBI investigation McStupid has been claiming in which all sorts of FBIs and cops and DAs are investigating Retzlaff. Seriously. But one wonders if McGibney is under the influence of drugs when he asks people to “contact the FBI immediately” by filling out an online report form for IC3 – the Internet Crime Complaint Center. Why not call 911 instead, eh? Or, even better, send a motion to Judge Freeman? Why didn’t McStupid suggest those things instead? Well likely because he knows he is totally full of shit and he just wants to try to scare people with his hoax FBI is gonna get you claims like he has been doing for years and years now. Too bad some people are not so easily intimidated.
For those of your new to the interwebs, the IC3 is a black hole where butt-hurt n00bs can go to in order to try to get their online enemies v& (“vanned” or arrested). You file a complaint there and it goes into a cyber-trashcan black hole that no one will ever see again.
When you are James McGibney, the FBI is ur personal army
According to one very stupid woman and McGibney / Bullyville fan-girl, Carolyne J. Dean-Pillutla of 1616 Clear Springs Dr., Allen, Texas 75002 (aka @CJWhodunit), the police – and more specifically – the FBI are Your Personal Army. Seriously.
Well, as you can tell, absolutely NONE of that BULLSHIT (to use a legal term) came true – 100% VERIFIED. Am I right?
Another person who likes to make FALSE police reports is…..
Beaumont, TX private investigator Philip R. Klein
Unfortunately for Klein, one cannot be a victim when he is also a participant and is actively engaging and is actually harassing his “perpetrator”. See, juries like their victims to come into court with Clean Hands. IF YOU ARE GOING TO BE A VICTIM, THEN YOU HAVE TO BE A VICTIM.
Victims of “stalkers” don’t post things like this all over the internet:
From Klein’s SE Texas Political Review blog, May 2016 in which he claims that Retzlaff broke into his office and turned all his pictures upside down in August 2013.
— Something is wrong here with these pictures. What could it be?
Read this report and you will find the answer!
KLEIN BEING QUESTIONED IN COURT
You mean like this, Klein?
Or what about this from last year??
Nor, if you are a “victim”, should you be sending emails such as this:
It is painfully obvious that Klein is using Retzlaff as a marketing tool
And it is especially hard to claim to be a victim when you own a website in your so-called “stalker’s” name that you once used to fill with all sorts of defamatory garbage, personal information, and threats!!
It is a well-known fact that criminal defendants get to issue subpoenas and conduct all sorts of discovery as a part of their fundamental Constitutional rights – this is especially true when they have extremely aggressive and capable attorneys.
Of course, if “death threats” are being sent, there is only one person here who claims to having an “Online Army Of Trolls” at his disposal – trolls that have been known to SWAT, known to hack, and known to terrorize their victims.
So what did Van Dyke do and how did he do it? Well thanks to Some Random Person We’ve Never Heard Of Before and his contacts within the Texas law enforcement community, we here at the BV Files can actually show you what other news organizations can only talk about – Jason Van Dyke’s arrest report. CHECK IT OUT!!
In his lawsuit from earlier this year, Van Dyke said 52-year-old retiree Tom Retzlaff’s public criticism of Van Dyke’s alleged affiliation with white supremacist groups had cost him two job opportunities.
One of those jobs was as a felony prosecutor for the Victoria County District Attorney’s Office. The lawsuit claims the district attorney’s office rescinded a job offer after learning from Retzlaff that Van Dyke had a problematic online history.
Van Dyke, who from the ongoing lawsuit wants a restraining order against Retzlaff and damages of at least $100 million, said Retzlaff got him fired from another job, at a private law firm, after Retzlaff sent repeated accusatory emails to partners at the firm.
As of June 20, Van Dyke is no longer accepting new clients, according to the State Bar of Texas. He is eligible to practice law in Texas, but his State Bar card is designated as retired. He could not be reached for comment as of early Wednesday afternoon.
State Bar v. Van Dyke
We are certain, though, that once Van Dyke gets put in the county jail he will soon find himself surrounded by lots of wonderful new friends who will greatly appreciate his style of community activism!
Unfortunately for Van Dyke, he made the mistake of filing a LOLsuit against a man who simply cannot be intimidated and whose membership in a conspiracy is far grander than one could ever imagine. And it was doubly fucking stupid trying to get this man’s daughter involved in your LOLsuit nonsense, too. Were you not paying attention to what happened to James McGibney (who we don’t like) when he tried the same thing?
Head Office location for RTC Holding Company, LLC PO Box 141 Rarotonga, Cook Islands
SOMETHING FOR NAZI ATTORNEY JASON VAN DYKE TO THINK ABOUT….
WE HAVE T-SHIRTS!!
Who else do we know that has been arrested AND convicted of filing FALSE police reports???
Beaumont attorney John S. Morgan
AND SPEAKING OF STATE BAR ACTION….
It looks like Bullyville attorney John Morgan is up again for yet another State Bar disciplinary proceeding. According to sources close to the investigation (which consist solely of the voices in our heads), a disbarment petition will be filed within six months. Which sucks for Morgan.
McGibney, and Morgan, and Klein, and Van Dyke like to blather on and on and on about “death threats” and “cyber-stalkers” and “grand conspiracies” to anyone and everyone who will listen – to include claims about FBI investigations, and super, secret grand juries and shit like that. But it is all complete BULLSHIT (to use a legal phrase). The only people getting locked up here are…. people associated with James McGibney (who we don’t like).
Why is that?
Well, if you are going to be a victim, then you must be a victim. You cannot also be a perpetrator, as well. Because prosecutors (like juries) need their victims to have CLEAN HANDS.
One does not have CLEAN HANDS if they have been running around the country filing SLAPP lawsuits and buying up websites in other peoples’ names just so you can harass and defame them. Doesn’t work that way.
In July 2014, McGibney posted intimate photos of Retzlaff’s ex-wife, Denise, on McGibney’s Cheaterville website in order to embarrass and harass the lady – just as he did with Retzlaff’s daughter, Brittany, months before.
Later, in an August 21, 2014, email exchange, McGibney claimed to Denise that he was being forced to leave his home because Retzlaff had gotten a hold of the “gate code” for where McGibney lived at and then gave it to the Aryan Brotherhood so as to murder McGibney and his family. (A likely store, to be sure, right?)
Oh, no! The Aryan Brotherhood has my gate code!!
This is a close up of McGibney’s email claiming he is moving due to a “security” issue – lol, what a liar!
Unfortunately for McGibney, the place he lived at, 5761 Algonquin Way,San Jose, CA 95138, is NOT a “gated” community. The real reason why McGibney was forced to “flee” this home is far more prosaic – once Retzlaff started tearing into McGibney’s revenge porn advertisers and revenge porn investors and revenge porn celebrity sponsors, ALL of McGibney $28,000 per month income immediately dried up!
Thus, McGibney could no longer afford the rent and, one step ahead of eviction proceedings, he broke his lease and down-graded to something far more affordable for an out-of-work revenge pornographer whose sexual blackmail business just got shut down.
Thus, there is only one person earning any money in the McGibney household at this time: Christina McGibney!
This woman sucks cock for money – seriously
For years James McGibney has sought the spotlight. But McGibney needs to remember something very, very important: For a man in his position, the spotlight can turn into an interrogation lamp pretty damn fast!
Good day, eh. Sending people death threats across the internet is good fun and games – as many of you, our teeming MILLIONS of readers, listeners, and supporters, all know. In fact, we here at the BV Files are big believers in the power of the ‘Death Threat’ to “win friends and influence people.”
It’s hard to believe now, but there was once a time when anonymously threatening to kill someone was hard work. Scaring victims required glue, scissors, countless magazines, stamps, envelopes, and more patience than most would-be murderers could muster. Just getting your death-threat supplies was exhausting if you weren’t already a kindergarten teacher!
Today, claiming you’re going to end the life of a fellow human being without actually putting your name on the threat is as simple as typing “ur ded” and hitting “enter.”
CHECK IT OUT!!
Murder Kate Gosselin and win “something on a stick”?
So what do you do? Call the cops, the FBI??
It’s the Federal Bureau of Investigation, not the McGibney Bureau of Investigation. Don’t be selfish.
Sorry, but the FBI is not your personal army!
Attorney Jay Leiderman
Of course, you could always do what Ventura, CA attorney Jay Leiderman does when he is the victim of death threats – he wraps it up in a motion and tells US District Court Judge Beth Freeman about it. CHECK OUT THE AUDIO RECORDING!!
Jay Leiderman’s home address, in case anyone is curious
Real-life death threats, even those made in front of witnesses by habitual abusers, are carried out successfully all too frequently. For whatever reason, the law just hasn’t been able to figure out how to stop a person who swears they’re going to murder you from actually murdering you.
The horrifying truth is that if some drooling maniac wants to murder someone, a restraining order (the first — and often only — step in obtaining protection) is not likely to stop them. The police are unfortunately inconsistent in their enforcement of protective orders, sometimes picking up offenders as late as 48 hours after a report is made. (That’s more than enough time to murder somebody, it turns out.)
Temporary restraining orders have also been known to increase volatility in existing abusive relationships. In a study of 55 homicides, the victim had filed a restraining order against their eventual killer in 20 percent of them.
Really, the most effective way to get the justice system involved is to wait for a person to actually try to murder you, hope that they slip up somehow, and then call the police.
This is what our American Hero & Honorary Admin of the BV Files Thomas Retzlaff recently did. He waited until Jason Van Dyke actually made an attempt upon his life before he called the police, which has been documented below in these court records, FREE OF CHARGE, for you, our teeming MILLIONS of readers, listeners, and supporters.
And now this evidence is in the hands of State Bar investigators and law enforcement. CHECK IT OUT!!
Van Dyke was also kind enough to contact Retzlaff’s attorney, American Hero & Honorary Admin of the BV Files Houston attorney Jeffrey Dorrell, and also make death threats against Retzlaff, too, to Mr. Dorrell!!
FUN FACT: Sending your opponent and his attorney death threats is a sure-fire way to winning your $100 million defamation lawsuit, right?
SO WHO ARE VAN DYKE AND RETZLAFF?
Check out this article that kind of explains things:
Now that Van Dyke has officially – and irrevocably – gone On-The-Record with these statements, the federal judge that is overseeing his $100 million lawsuit against Retzlaff has taken an interest and his instructed Van Dyke to personally appear in federal court on August 9 where Van Dyke will be questioned under oath. CHECK IT OUT!!
*** CLICK ON IMAGE TO VIEW ON YOUR MOBILE DEVICE ***
As many of you, our long time readers, will recall, our website shares hosting space with an ISIS blog that also features zoo-porn, warez, and pirate movies. From time to time our unruly neighbors get a little, well…, unruly. So in order to keep the Muslim hordes at bay, we throw them a bone from time to time by reporting on a story here that is of interest to members of the Islamic community. Below is just one recent example. We would urge you, our teeming MILLIONS of readers, listeners, and supporters, to please CHECK IT OUT!!
MAYADEEN, Syria — ISIS recruit Abdul Mourad stuffed a live goat into an amnesty box early yesterday morning, sources familiar with the incident say.
The young goat could be heard baying by men who slept in sweaty tents near the desert in Eastern Syria.
“Good lord, someone’s going to town on that thing,” someone murmured, rolling over, hoping to catch a few minutes more sleep before another day of intensive training began.
ISIS training is notoriously rigorous and entrants are expected to disavow “earthly” pleasures, including those associated with the idyllic farmyard. In recent months, ISIS senior command has complained about lax discipline and, according to sources familiar with the matter, a scarcity of prime breeding goats for themselves.
“One of the perks of leadership,” complained an ISIS battlefield commander who spoke on condition of anonymity. “Is to have your pick of brides, of land, of livestock, of slaves. When I was a young recruit, I spent my days wiring and rewiring my standard-issue suicide vest; I spent my nights dreaming of martyrdom. This slovenly lot they pass onto us now, they are deviants and fornicators already without having earned these privileges!!”
Among the men, opinions were mixed on what is referred to dismissively as “the old guard’s” mentality about afternoon barnyard delight.
“These pigs,” said one enlisted recruit. “They’ve fatted themselves on the conquest of weak, westernized regions. When they were on the ground, they took Damascus. They would raid Starbucks for breakfast and then raid a sushi bar for dinner. Today, we fight Russian FSB and American CIA in the dust and rubble like men.”
“Of course, we take their goats,” he added, spitting. “They better watch out that we don’t start taking fat-bellied commanders who whine like goats.”
In response to complaints about discipline, ISIS command has instituted harsh penalties for contraband materials, which includes all manner of farm animals.
“A goat is a biggie. That would result in immediate execution by decapitation. We have performed three already this week, unfortunately,” said another anonymous ISIS commander, while thumbing distractedly through goat pictures on his iPhone.
But, in an effort to ease rising anxiety among recruits of the terrorist group, ISIS command has installed several Amnesty boxes, boxes in which recruits can anonymously drop off contraband material without fear of punishment, on training grounds. Amnesty boxes are checked frequently, even twice hourly, by a command eager to instill discipline in the beleaguered ranks.
At press time, there was a line of grinning officers who rubbed their palms together and licked their lips as they waited for Mourad to finish depositing the goat into the amnesty box.
THOSE WHO CANNOT REMEMBER THE PAST ARE CONDEMNED TO REPEAT IT….
There was a recent news article detailing allegations of dog-human sexual relations between Nederland, TX based private investigator Philip Klein. This update here has nothing to do with that.
This update is all about how Klein and his attorney, John Morgan of Beaumont, Texas, keep beating their collective heads against a wall in their repeated efforts at getting certain court records sealed from public view – records pertaining to allegations of child sex trafficking / pedophilia supposedly involving local Democratic big wig / attorney Wayne Reaud, and matters of judicial corruption involving 60th District Court Judge Justin Sanderson (whom Klein claims on his blog will be indicted August 19th or thereabouts).
Four times now Klein and Morgan have tried to get those records sealed, and four times the trial court has denied them.
ADMIN NOTE: Yes, we know that this is only the first of four motions to seal filed by Morgan. But since all the other motions were cut & paste jobs of this first one, we won’t waste your time by repeating them all here.
Wayne Allison Reaud, date of birth Sept 29, 1947
So what are the records that Morgan and Klein are so intent upon keeping from you, our teeming MILLIONS of readers, listeners, and supporters? CHECK IT OUT!!
*** CLICK ON IMAGE TO VIEW ON YOUR MOBILE DEVICE ***
Since Morgan has been repeatedly stymied by the trial court, he decided to take his traveling circus on the road to the Beaumont Court of Appeals in the form of this steaming pile of horse shit he laughingly calls a Petition for Writ of Mandamus.
What role does this man have in the political corruption / child sex trafficking scandal?
And this is the final ruling from the trial judge on Morgan’s repeated attempts at getting those court records sealed. CHECK IT OUT!!
And here is Morgan’s newest and bestest attempt at relitigating a matter that has already been decided – a hallmark of SLAPP litigation tactics, we are sure will impress the Beaumont Court of Appeals.
*** CLICK ON IMAGE TO VIEW ON YOUR MOBILE DEVICE ***
As of this date, no response has been filed with the court of appeals.
SUPPORTER OF REVENGE PORN, ATTORNEY MARC RANDAZZA, HAS BEEN RECOMMENDED FOR DISBARMENT BY A NEVADA DISCIPLINARY PANEL!!
Marc Randazza is a BIG supporter of revenge pornography and has been heavily involved in the sexual blackmail of little girls (and some men!) due to his repeated legal representation of James McGibney (who we don’t like) in several lawsuits that were filed against McGibney for…. revenge porn, extortion, defamation, and blackmail, and for his role in filing a series of lawsuits for McGibney as a part of McGibney’s SLAPP schemes.
If it were not for Randazza and his guiding hand, the revenge pornography empire that is ViaView, Inc. and James McGibney would not exist today.
(The only reason it does not exist today is because of the hard work and efforts of a few good women / “grandmothers” and some men!)
We can now confirm that it is 100% VERIFIED that Randazza has just filed an appeal with the Nevada Supreme Court of a disbarment recommendation made by the Southern Nevada Disciplinary Panel based upon a grievance filed against Randazza by Some Random Person We’ve Never Heard Of Before.
The disbarment recommendation came after the Disciplinary Panel found “true” allegations of violations of Nevada Rules of Professional Conduct 1.4 (Communication), 1.7 (Conflict of Interest: Current Clients), 1.8 (Conflict of Interest: Current Clients: Specific Rules), 1.10 (Imputation of Conflicts of Interest), 1.15 (Safekeeping Property), 1.16 (Declining or Terminating Representation), 2.1 (Advisor), 5.6 (Restrictions on Right to Practice), and 8.4 (Misconduct).
Randazza’s Opening Brief is due August 22, 2018.
FUN FACT: This is not the first attorney related to McGibney that has gotten into serious trouble with their local state bar as a result of complaints filed by Some Random Person.
In case anyone is curious, this is the house that was bought and paid for by Randazza’s revenge porn monies from McGibney and other gay porno trolling activities:
We would not be surprised to hear that this house is on the Aryan Brotherhood’s Pizza Delivery route!
According to sources close to the investigation (that consist solely of the voices in our head), complaints have been filed with the Florida, Massachusetts, Arizona, California, and Washington State Bar associations, too, and investigations have been launched in each of these states against Randazza.
Looks like CNN and Fox News will have to start looking for another “legal commentator.” Hopefully they can find one who is not a piece of human garbage, a thief, and a liar.
Recall that Randazza started McGibney down the path of SLAPP suits with the one that was filed against Hunter Moore.
July 27, 2018:
We were just about to publish this article when a very special update in the Nazi attorney Van Dyke lawsuit just happened Friday at about 5pm CT. An interlocutory appeal to the United States Fifth Circuit Court of Appeals was filed by Retzlaff and his attorney Jeff Dorrell!!
*** CLICK ON IMAGE TO VIEW ON YOUR MOBILE DEVICE ***
What caused this appeal to be filed is the fact that the district court had until July 20, 2018, to make a ruling (one way or the other) on Retzlaff’s previously filed anti-SLAPP motion to dismiss under the Texas Citizens Participation Act (the ‘TCPA’). Because the judge failed to rule on or before July 20, the TCPA motion was denied by operation of law – meaning it was automatically denied because it was never ruled upon within the required deadline.
In light of what happened Friday, this May 9 Press Release from Senior Partner Jeffrey L. Dorrell of the Hanszen Laporte Law Firm will never not be funny.
Jeffrey Dorrell – Hanszen Laport Law Firm
These two are victims of a terrible group of neo-Nazis
Tom & Brittany Retzlaff
However, in an effort to clarify the issues on appeal, and to help Retzlaff out, on July 24, Judge Mazzant signed a Memorandum Opinion and Order outlining the reasons why he feels that the Texas Citizens Participation Act (a state procedural law) does not apply in federal court. CHECK IT OUT!!
*** CLICK ON IMAGE TO VIEW ON YOUR MOBILE DEVICE ***
My last offer for a straight dismissal is, by this correspondence, rescinded. However, in light of the ruling on various motions by Judge Mazzant this morning, I am willing to give Mr. Retzlaff one last chance to listen to reason. We can all stop spending money and focus on moving on with our lives under the following conditions:
1. Agreed judgment in favor of me and against Mr. Retzlaff;
2. Nominal damages in the amount of $10.00;
3. A permanent injunction enjoining and restraining Mr. Retzlaff from the following behavior:
a. Having any contact with me whatsoever, either through himself or a third party;
b. Having any contact with any members of my family whatsoever, either through himself or a third party;
c. Having any contact, either through himself or a third party, with any person with whom I have (a) an employer-employee relationship; (b) an independent contractor relationship; or (c) an attorney-client relations
4. He will immediately send a request to the State Bar of Texas requesting to withdraw his frivolous grievance filings against me. However, it will not constitute a breach of the agreement if the State Bar of Texas declines to honor his request.
The third party prohibitions above shall not apply to persons licensed to practice law who are contacting me or an employer for reasons that are permissible under applicable rules of civil or criminal procedure.
Jason lee Van Dyke
Hanszen-Laporte employee Thomas Retzlaff
And what was Retzlaff’s response to this settlement offer, you ask? CHECK IT OUT!!
Please tell Jason Van Dyke that he can suck my cock, he can suck my cock long, and he can suck my cock hard.
Nazis, especially violently racist Nazis, don’t get to be lawyers in Texas. Or any other state for that matter.
I absolutely do not mind spending money, LOTS of money, on this. (That’s one of the nice things about having a rich family!)
Thus, I am formally giving you and the Hanszen Laporte law firm a blank check so as to prosecute any and all appeals of the denial of my TCPA motion – and other matters – to the fullest extent possible.
Any money you guys need shall be immediately provided, as per the agreement.
Fuck Van Dyke.
By the way, I understand that there will be a hearing on August 9 on Van Dyke’s request for an injunction, and that the federal judge is requiring Van Dyke’s personal appearance. I am instructing you to make certain you question Van Dyke under oath about all of his death threats he has made against me and my family, and the death threats he has made against my good friend Ken White (the former U.S. Attorney with the Dept of Justice from Los Angeles), as well as the murder threats Van Dyke made against NYC rap artist Talib Kweli. Remember how Van Dyke went on YouTube and said he was going to skin Mr Kweli alive and put his skin on the living room floor?
Mr White will appear. I’m not sure yet on Mr Kweli.
I also want you to issue federal subpoenas to various folks at the State Bar, too, regarding the disbarment lawsuit that they have just filed against Van Dyke and get ahold of all of their documents and investigation materials, too.
Van Dyke has threatened to murder people at the State Bar, too, recall.
So all of that stuff is relevant to whether or not this Nazi Proud Boy cocksucker needs an injunction. Clean hands and all that good shit, right?
Oh, and how soon till you get the subpoena served on Gavin McInnes, the Proud Boy founder? FYI – he just settled a federal lawsuit filed against him in Michigan yesterday over his role in falsely accusing two people of being involved in the Charlottesville VA murder and race riots that the Proud Boys started.
So get your people on that, too, please ASAP.
Bottom line – there will be no settlements with the Nazi. No way, Jose.
So suck it, Van Dyke.
(Many thanks to Some Random Person We’ve Never Heard Of Before for sending us these documents and emails!)
Wow! Just wow. We here at the BV Files are left completely and utterly speechless!
4. He will immediately send a request to the State Bar of Texas requesting to withdraw his frivolous grievance filings against me.
FUN FACTS: Van Dyke’s demand that Retzlaff dismiss his bar complaint as a condition of Van Dyke settling his $100 million lawsuit against Retzlaff for just $10 is a violation of:
Rule 4.04(b)(2) (presenting civil charges as a way to prevent Retzlaff’s participation in the bar disciplinary proceeding);
Rule 8.04(a)(4) (obstruction of Justice).
According to sources close to the investigation (which do not consist solely of the voices in our head), the disbarment lawsuit against Van Dyke should be resolved by August 20.
With regards to the appeal to the U.S. COurt of Appeals, when reached for comment, Van Dyke had this to say:
I am willing to take this case all the way to the U.S. Supreme Court if I have to.
Unfortunately for Van Dyke, his Erie claims of the TCPA being a procedural rule have been repeatedly dealt with and overruled by many, many federal courts. In fact, ever since 1996, the US Supreme Court has specifically stated that:
Under the Erie doctrine, federal courts sitting in diversity apply state substantive law and federal procedural law.
The case against Retzlaff is a “diversity” case. See, e.g., Henry v. Lake Charles Am. Press, L.L.C., 566 F.3d 164, 168-69 (5th Cir. 2009) (“Louisiana law, including the nominally-procedural Article 971 [(Louisiana’s anti-SLAPP provision)], governs this diversity case.”); Williams v. Cordillera Commc’ns, Inc., 2014 WL 2611746, at *2 (S.D. Tex. June 11, 2014) (explaining that state anti-SLAPP statutes “are enforceable in federal courts sitting in diversity jurisdiction” by virtue of the Erie doctrine).
So why was Retzlaff’s attorney, and close & personal friend, Jeffrey Dorrell, so insistent that the Henry case applies? It is because the Henry court reasoned that, even though the Louisiana anti-SLAPP statute was built around a procedural device—a special motion to dismiss—it nonetheless applied in federal court under the Erie doctrine because it was functionally substantive.
WOW! And if you were a good attorney who graduated from a Top Tier Law School, who worked for an AV “Preeminent” rated law firm, you would know good shit like this!
FUN FACT: In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction in civil procedure in which a United States district court in the federal judiciary has the power to hear a civil case when the amount in controversy exceeds $75,000 and where the persons that are parties are “diverse” in citizenship or state of incorporation, which means that the parties differ in state and/or nationality.
Diversity jurisdiction and federal-question jurisdiction (jurisdiction over issues arising under federal law) constitute the two primary categories of subject matter jurisdiction in U.S. federal courts.
DOUBLE FUN FACT: The Erie doctrine is a fundamental legal doctrine of civil procedure in the United States which mandates that a federal court sitting in diversity jurisdiction (or in general, when hearing state law claims in contexts like supplemental jurisdiction or adversarial proceedings in bankruptcy) must apply state substantive law to resolve claims under state law.
The doctrine follows from the Supreme Court landmark decision in Erie Railroad Co. v. Tompkins (1938). The case overturned Swift v. Tyson, which allowed federal judges sitting in a state to ignore the common law local decisions of state courts in the same state, in cases based on diversity jurisdiction.
There are two main objectives of the Erie decision: (1) to discourage forum shopping among litigants, and (2) to avoid inequitable administration of the laws.
Broadly speaking, the second objective is sometimes referred to as “vertical uniformity” and is rooted in the idea that in a given state, the outcome of the litigation should not be grossly different just because a litigant filed a claim in a state court rather than a federal court or vice versa.
The Erie doctrine today applies regardless of how the federal court may hear a state claim. Whether the federal court encounters a state law issue in diversity jurisdiction, supplemental jurisdiction, or bankruptcy jurisdiction, the federal court must honor state common law when deciding state law issues.
In effect, when the U.S. Constitution does not control and Congress has not legislated (or cannot legislate) on a topic, then the laws of the states necessarily govern and state judge-made rules are equally binding on the federal courts as state statutes.
According to sources close to the investigation (which consist solely of the voices in our head), because the district court is exercising jurisdiction over Van Dyke’s claims pursuant to diversity jurisdiction, the Erie doctrine is applicable.
Stay tuned for further updates throughout the week!
MCGIBNEY GANG MEMBER DERIC LOSTUTTER CASE SETTLEMENT….
Deric Lostutter – drug addict and convicted felon
Several years ago one of the employees of James McGibney (who we don’t like), Deric Lostutter, filed a LOLsuit against some lady in Ohio. Today we here at the BV Files wish to announce that this LOLsuit has been settled. CHECK IT OUT!!
*** CLICK ON IMAGE TO VIEW ON YOUR MOBILE DEVICE ***
As you will recall, Lostutter was the subject of an actual FBI investigation (as opposed to all of the pretendy FBI threat hoaxes McGibney and Klein claim involve Retzlaff, Dorrell, and Rauhauser, et al.).
Lostutter’s employment with McGibney worked out really well for him as he got over 24 months in federal prison for computer hacking and lying to the FBI!
TEXAS STATE JUDGE LAYNE WALKER….
Judge Layne Walker
Here is an interesting video. This very interesting in light of very recent developments in federal court.
FURTHERMORE… We now have proof, 100% verified, that Philip Klein is working in the Jefferson County District Attorney’s office at night to supplement his income. In concert with the FBI crime lab and the forensic team at Interpol, we have now confirmed that the DNA of the person who has been urinating on the toilet seats in the men’s rooms matches that of Philip R. Klein to a certainty of 99.9999999982%. Sources close to the investigation have reported that Klein is seemingly so fat he cannot either see or reach his tiny, wormlike penis, so he is seemingly forced to just pull his pants down and spray urine randomly in the general direction of a nearby toilet. This is why his wife, Inga, seemingly will not let him use the bathrooms in their home.
April 3 2018 memo from the Dist Attny to all employees – don’t pee on the floor!