Epstein Secrets

inely "are obligated to raise and decide issues of subject matterjurisdiction sua sponte any time it appears subject matter jurisdiction is absent." Carias v. Lenox Financial Mortgage Corporation 2008 U.S. DIST. LEXIS 20345 *1 (N.D. Cal. March 5, 2008). In Carias, after granting summary judgment on the

n, but it was a damages remedy that already existed at the time of Defendant EPSTEIN's commission of the acts against the minor. Hence, here, unlike Landsgraf, there was an existing civil remedy prior to Defendant EPSTEIN's commission of the acts against the minor Plaintiff, and there continues to be such

Plaintiff has not been able to 12 EFTA00222884 Case 9:09-cv-80469-KAM Document 36 Entered on FLSD Docket 06/12/2009 Page 13 of 19 dissent in Landsgraf, there is no vested right to break the law." Bottom line is, a motion to dismiss a claim is not the correct procedural mechanism to determine the r

subject matter jurisdiction is absent." Carias U. Lenox Financial Mortgage Corporation 2008 U.S. DIST. LEXIS 20345 *1 (N.D. Cal. March 5, 2008). In Carias, after granting summary judgment on the sole federal claim, the Court remanded the State claims to state court, stating: "The Court declines to exer

y not present here, and the record is devoid of any factual material that would support such a conclusion.1° As Justice Blackmun said in dissent in Landsgraf, there is no vested right to break the law." Bottom line is, a motion to dismiss a claim is not the correct procedural mechanism to determine the r

nely "are obligated to raise and decide issues of subject matter jurisdiction sua sponte any time it appears subject matter jurisdiction is absent." Carias v. Lenox Financial Mortgage Corporation, 2008 U.S. DIST. LEXIS 20345 *1 (N.D. Cal. March 5, 2008). In Carias, after granting summary judgment on th

y not present here, and the record is devoid of any factual material that would support such a conclusion.10 As Justice Blackmun said in dissent in Landsgraf, there is no vested right to break the law." Bottom line is, a motion to dismiss a claim is not the correct procedural mechanism to determine the r