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  1. #11
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

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    I need to prepare for defendant argument "18 U.S.C. 1621 Claim is Barred Because The Statute Contains No Private Right of Action"
    You'll have a very hard time overcoming that because there is indeed no private right of action for that. It is a criminal statute only; it is up to the U.S. Attorney to prosecute for violations of that statute, and such prosecutions are not very common.

  2. #12
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

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    I filed age discrimination lawsuit against defendant at first case. During the discovery stage including deposition, declaration etc. defendant committed crimes of perjury, forge documents, and contempt court order. Judge granted summary judgment for defendant without mentioned any my indisputable factors and evidences, and no hearing (few days before pre-trial hearing, defendant draft the order, not serve to me and judgment signed it, which was misconduct of ex parte communication for judge).
    A lot to unpack here. First, I'm guessing English might not be your first language. If it is, then please make a better effort to use normal sentence structure (in particular, using articles and prepositions).

    Second, federal courts almost never hold hearings for civil motions anymore.

    Third, documents are submitted to federal courts using the electronic case filing system, and documents filed are served by way of that same system. It's most certainly not an improper ex parte communication.


    Quote Quoting worldfg
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    I filed many motions, appealed at circuit court and supreme court, however, no judge give me a chance to present or cross exam the defendant.
    Your opportunity to cross-examine the defendant was when you deposed him/her. Also, appellate courts and the Supreme Court only concern themselves with alleged errors of law that happened at the district court level. There's no new witness examination that occurs at those levels.


    Quote Quoting worldfg
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    Meanwhile, I filed complaints at local FBI office and sent letters to various officers including DOJ and President.
    I hope it would go without saying that the president and DOJ don't get involved with individual lawsuits, and the FBI almost certainly isn't going to investigate alleged perjury when you couldn't (apparently) demonstrate in the case itself that the perjury actually occurred. The person in the best position to determine whether any perjury occurred was the judge to whom the case assigned. You apparently failed to convince him/her, so that's that. Your new lawsuit should be summarily dismissed, and I would think there is a decent possibility that you will be sanctioned for filing a frivolous lawsuit.

    Quote Quoting worldfg
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    I need to prepare for defendant argument "18 U.S.C. 1621 Claim is Barred Because The Statute Contains No Private Right of Action"
    He or she is right, so....

  3. #13
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

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    I have read the rule 56 many times. Summary judgment must be denied if there are unresolved issues of material fact.
    The key word being material. It is not enough that there be dispute about some fact. That fact must be material, i.e. a fact that would actually affect the outcome of the litigation. The court looks at any disputed facts in the light most favorable to the nonmoving party (which is you when summary judgment is requested by the other side). Typically that means the court looks at the facts as you plead them and asks the question whether you would win if everything you said was true. If the answer is no, then you lose and summary judgment will be granted to the defendant.

  4. #14
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    Quote Quoting worldfg
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    I have read the rule 56 many times. Summary judgment must be denied if there are unresolved issues of material fact. There were unresolved issues of material facts
    I would hope it goes without saying that the judge who handled the case as the district court level and the appellate panel disagreed with you about this.

    By the way, it would be helpful if you confirmed that you represented yourself in this case. Don't suppose you'd like to post the case number and the court where the case was filed, would you?

  5. #15
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    Quote Quoting worldfg
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    Summary judgment must be denied if there are unresolved issues of material fact. There were unresolved issues of material facts, about 40 listed pre-trail order file.
    According to you but you apparently could not convince the judge of that.

    I'd be curious to read the defendant's Motion for Summary Judgment and read your response to it.

  6. #16
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    Quote Quoting worldfg
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    Summary judgment must be denied if there are unresolved issues of material fact.
    By the way, that's not a correct statement of the rule. Summary judgment should be denied if there are genuine disputed issues of material fact, and a genuine dispute only exists if the non-moving party presents admissible evidence, which, if believed by the trier of fact, could result in judgment in the non-moving party's favor. You can't survive summary judgment simply by saying, "I dispute that fact" or by supporting your dispute with inadmissible evidence.

  7. #17
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    How about RICO Act?

  8. #18
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

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    How about RICO Act?
    You're tilting at windmills, Donky Hotie.

  9. #19
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

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    I need to prepare for defendant argument "18 U.S.C. 1621 Claim is Barred Because The Statute Contains No Private Right of Action"
    I am aware from memory of the case Cort v. Ash (1975) which discusses if a private remedy is available for violation of a Federal criminal statute, generally, the answer is No!

  10. #20
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

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    How about RICO Act?
    A witness simply lying in his/her testimony does not rise to the level of a RICO violation. A civil lawsuit under RICO requires that the defendant have violated 18 U.S.C. 1962. There are several different acts listed in that section, but "Under all those subsections, to state a RICO claim, there must be: (1) a person who engages in (2) a pattern of racketeering activity (3) connected to the acquisition, establishment, conduct, or control of an enterprise. St. Paul Mercury Ins. Co. v. Williamson, 224 F.3d 425, 439 (5th Cir. 2000). "A pattern of racketeering activity requires two or more predicate acts and a demonstration that the racketeering predicates are related and amount to or pose a threat of continued criminal activity." Id. at 441. The enterprise or organization must be involved in criminal activity.

    Simply lying in court without more is not part of a pattern of racketeering activity, much less activity connected to the acquisition, establishment, conduct, or control of an enterprise. Your case was about an age discrimination case, presumably against your employer. I'm also guessing that your employer was not criminal enterprise and that you cannot tie the perjury to a pattern of racketeering in support of that enterprise. You need to prove all that to win a RICO claim and so far what you've stated falls far short of it.

    The basic problem you have is this. In a typical lawsuit, if a witness lies or misstates some fact, it is up to you to expose the lie or misstatement in your cross examination so that the jury or judge can take that into account in judging the credibility of the testimony of the witness. So you have to prepared to do that at trial as best you can. If you are unable to do that and you lose the case, that's unfortunate. But the perjury or misstatement doesn't generally give you a new separate claim to pursue against the witness or defendant. So once the case against the employer and the appeals were done, that pretty much ends what you can do.

    Appeals after the trial court are not do overs. You don't get to examine witnesses in the appeal; the appeal is based on th record from the trial court. Furthermore, appeals are mostly limited to challenging legal errors the judge made in the case. You don't get to challenge the factual findings of the judge or jury except in very limited circumstances.

    I really think you ought to consult an attorney before you file any more lawsuits to see if there is anything you can do about this at this point. You seem to not be terribly knowledgeable of the law and court procedure, and that works against you. If there is something you can do, you may be missing it as a result of that lack of knowledge.

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