Discover Top Posts Tagged with #rule 23

S.H.I.E.L.D Rule #23

Please avoid snowball fights with Thor unless you are a super soldier, or another god. He gets extremely competitive and can accidentally harm regular, powerless humans.

-Post by Tony Stark

#S.H.I.E.L.D #S.H.I.E.L.D rulebook #S.H.I.E.L.D amendments #S.H.I.E.L.D Rules #Rule 23 #Tony Stark

GST registration revocation rejection set aside as Court allowed one final opportunity considering genuine hardship and cooperation of tax authorities

Case Title: M/s. Maa Lobhi Pani Panchayat vs. Assistant State Tax Officer, Angul CircleCourt: High Court of Orissa at CuttackPetition No.: WP(C) No. 16377 of 2025Date of Judgment: 19 June 2025Category: Revocation of GST Registration – Delay CondonationRelevant Sections: Section 29(2)(c), Section 30 of the CGST Act, 2017; Rule 23 of the CGST Rules, 2017 Facts (Para 2–3) The petitioner’s GST…

#Delay Condonation #GST Registration #Orissa High Court #Revocation #Rule 23 #Section 30 #Tax Litigation

GST registration revocation allowed as High Court condoned delay and directed consideration upon full tax payment

Case Title: M/s. Bijaya Kumar Parida v. Additional CT & GST Officer, JajpurCourt: High Court of Orissa, CuttackPetition No.: W.P.(C) No. 4059 of 2025Date of Judgment: 13 February 2025Category: Revocation of GST RegistrationRelevant Sections: Section 29 and Rule 23 of the OGST / CGST Rules, 2017 Facts (Para 1) The petitioner, M/s. Bijaya Kumar Parida of Jajpur, challenged the show cause notice…

#Delay Condonation #GST Registration #Orissa High Court #Revocation #Rule 23 #Tax Compliance

CLASS ACTIONS: THE LAST HOPE (AND WHY IT'S NOT ENOUGH)

the supreme court left one door open. let's see if we can squeeze through.

the Supreme Court killed nationwide injunctions but said class actions are still okay. let's talk about why this "solution" is actually a nightmare.

WHAT IS A CLASS ACTION?

Basic concept:

One lawsuit representing MANY people

All with similar injuries

Too many to sue individually

Court treats them as one group

Any relief covers the whole "class"

WHY THE COURT ALLOWS THIS

The key distinction:

Nationwide injunction = protecting non-parties

Class action = all class members ARE parties

Technically follows their new rule

Barrett specifically mentioned this option

THE REQUIREMENTS (RULE 23)

To certify a class, you need:

Numerosity - Too many to join individually

Commonality - Same legal questions

Typicality - Representative plaintiffs typical of class

Adequacy - Good lawyers and no conflicts

Plus for injunctions:

23(b)(2) - Party acted same way toward whole class

THE TIMELINE PROBLEM

Regular lawsuit:

File complaint

Get TRO (days)

Get preliminary injunction (weeks)

Protected immediately

Class action:

File complaint

Extensive briefing on class cert

Discovery about class

Hearing on certification

Wait for decision

MONTHS before protection

THE NOTICE NIGHTMARE

Many class actions require:

Notifying all potential members

Giving opt-out rights

Publishing notices

Massive expense

Delays everything

For undocumented plaintiffs? Good luck finding everyone.

THE CURRENT SCRAMBLE

Since June 27, 2025:

Filed class actions:

N.D. California (June 28)

N.D. Illinois (June 30)

S.D. New York (July 1)

E.D. Pennsylvania (July 2)

More daily...

Proposed classes:

"All children born in US to undocumented parents"

"All pregnant women without legal status"

"All babies born after July 27, 2025"

THE CERTIFICATION BATTLES

Government's arguments against certification:

Too diverse (different countries, statuses)

No typical plaintiff (each situation unique)

Unmanageable class (how to identify?)

Notice impossible (undocumented = hiding)

Courts are split on these arguments.

THE ALITO WARNING

Justice Alito's concurrence specifically warned:

"Lax enforcement of requirements for class certification would create significant loophole"

Translation: We'll be watching. Don't try to cheat.

Lower courts got the message - scrutiny is INTENSE.

THE PRACTICAL PROBLEMS

Problem 1: Geographic Limits

Class actions usually limited to circuit or district

Nationwide classes are rare and hard

Might need 50 separate class actions

Problem 2: Mootness

Named plaintiff gives birth

Baby gets citizenship (as plaintiff)

Case moot? Need new plaintiff?

Musical chairs litigation

Problem 3: Conflicts

Different immigrants have different needs

Temporary visa vs undocumented

Different home countries

Hard to represent all fairly

THE FAILED ATTEMPTS (SO FAR)

California attempt:

Judge certified class July 15

9th Circuit stayed it July 18

"Class definition too broad"

Back to square one

Texas attempt:

Conservative judge (!!) certified class

Limited to Texas residents

5th Circuit reviewing

Likely to reverse

THE COST EXPLOSION

Regular injunction case: $50-100k Class action: $500k-2M

Expert witnesses on class issues

Extensive briefing

Notice costs

Administrative expenses

Years of litigation

Who pays? Nonprofits already stretched thin.

THE TIMING DISASTER

By the time class certified:

Thousands of babies born stateless

Families in limbo

Irreparable harm done

Maybe win in 2027?

Justice delayed = babies denied.

THE COVERAGE GAPS

Even successful class actions miss:

People who don't know about suit

Those afraid to join

Future babies not yet conceived

New immigrants arriving daily

Always someone left out.

THE ENFORCEMENT MESS

Say you win class certification. Then:

How does hospital know who's in class?

Database of class members?

Privacy concerns?

Verification process?

More delays and confusion

THE SUPREME COURT TRAP

Even if class certified and injunction granted:

Government appeals to Supreme Court

Same 6-3 majority

"Class certification was improper"

Back to nothing

It's a house of cards.

THE PSYCHOLOGICAL WARFARE

Requiring class actions:

Forces people to identify themselves

Creates lists of undocumented people

Requires coming forward

Many too scared

Self-deportation through fear

THE HISTORICAL IRONY

Brown v. Board of Education was a class action

Took YEARS to implement

Massive resistance

Still fighting 70 years later

Now imagine that for millions of babies.

THE BANDWIDTH PROBLEM

Limited number of:

Immigration lawyers

Civil rights orgs

Federal judges

Court resources

Can't handle hundreds of class actions simultaneously.

THE WHACK-A-MOLE EFFECT

Win in California? Government enforces in Texas Win in Texas? Enforces in Florida Win everywhere? Changes the policy slightly Start over

THE REAL SOLUTION NEEDED

What would actually work:

Congressional action

Supreme Court reversal

Constitutional amendment

Mass political mobilization

Class actions are band-aids on bullet wounds.

THE BITTER TRUTH

Sotomayor was right to call this "cumbersome"

It's not a solution. It's an obstacle course designed to fail.

But it's what we have.

So we run it.

Because what else can we do?

GOTO NEXT POST -> CLICK HERE

GOTO FIRST POST -> CLICK HERE

#class action #rule 23 #civil procedure #litigation strategy #nationwide injunctions #supreme court #workaround #birthright citizenship #legal loopholes

#fish in a birdcage #rule 23 #birds of a feather #music #Spotify

Rule 23 Evaluate your emotions by j re crivello

“Pensamientos y sentimientos no son lo mismo, y no tienes que ser capaz de racionalizar tus sentimientos para justificarlos. Está perfectamente bien sentirse enojado, triste, frustrado o deprimido sin tener que poder explicar por qué. Los sentimientos siempre están bien porque simplemente lo están. Lo que haces con ellos puede no ser siempre aceptable -el hecho de que te sientas frustrado no…

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#Barcelona #Evaluate your emotions #J Re crivello #Rule 23 #Vilanova i La Geltrú

Rule 23 Evaluate your emotions by j re crivello

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#Barcelona #Evaluate your emotions #J Re crivello #Rule 23 #Vilanova i La Geltrú

The Rules of a Truly Educated Traveler: #23

Should you find a cave full of gold do not jump into the gold and try to swim. Gold is a metal dumb ass. You will break something and it will hurt. A pile of gold is only comfortable for dragons.

Rule #23 Subsection A: The same rule applies to silver, diamonds and platinum.

Rule #23 Subsection B: There is also a small chance you have found a Dragon Hoard. If so prepare to be dipped in Ketchup.

#the rules of a truly educated traveler #rule 23 #dragon hoard

CLASS ACTIONS: THE LAST HOPE (AND WHY IT'S NOT ENOUGH)

the supreme court left one door open. let's see if we can squeeze through.

the Supreme Court killed nationwide injunctions but said class actions are still okay. let's talk about why this "solution" is actually a nightmare.

WHAT IS A CLASS ACTION?

Basic concept:

One lawsuit representing MANY people

All with similar injuries

Too many to sue individually

Court treats them as one group

Any relief covers the whole "class"

WHY THE COURT ALLOWS THIS

The key distinction:

Nationwide injunction = protecting non-parties

Class action = all class members ARE parties

Technically follows their new rule

Barrett specifically mentioned this option

THE REQUIREMENTS (RULE 23)

To certify a class, you need:

Numerosity - Too many to join individually

Commonality - Same legal questions

Typicality - Representative plaintiffs typical of class

Adequacy - Good lawyers and no conflicts

Plus for injunctions:

23(b)(2) - Party acted same way toward whole class

THE TIMELINE PROBLEM

Regular lawsuit:

File complaint

Get TRO (days)

Get preliminary injunction (weeks)

Protected immediately

Class action:

File complaint

Extensive briefing on class cert

Discovery about class

Hearing on certification

Wait for decision

MONTHS before protection

THE NOTICE NIGHTMARE

Many class actions require:

Notifying all potential members

Giving opt-out rights

Publishing notices

Massive expense

Delays everything

For undocumented plaintiffs? Good luck finding everyone.

THE CURRENT SCRAMBLE

Since June 27, 2025:

Filed class actions:

N.D. California (June 28)

N.D. Illinois (June 30)

S.D. New York (July 1)

E.D. Pennsylvania (July 2)

More daily...

Proposed classes:

"All children born in US to undocumented parents"

"All pregnant women without legal status"

"All babies born after July 27, 2025"

THE CERTIFICATION BATTLES

Government's arguments against certification:

Too diverse (different countries, statuses)

No typical plaintiff (each situation unique)

Unmanageable class (how to identify?)

Notice impossible (undocumented = hiding)

Courts are split on these arguments.

THE ALITO WARNING

Justice Alito's concurrence specifically warned:

"Lax enforcement of requirements for class certification would create significant loophole"

Translation: We'll be watching. Don't try to cheat.

Lower courts got the message - scrutiny is INTENSE.

THE PRACTICAL PROBLEMS

Problem 1: Geographic Limits

Class actions usually limited to circuit or district

Nationwide classes are rare and hard

Might need 50 separate class actions

Problem 2: Mootness

Named plaintiff gives birth

Baby gets citizenship (as plaintiff)

Case moot? Need new plaintiff?

Musical chairs litigation

Problem 3: Conflicts

Different immigrants have different needs

Temporary visa vs undocumented

Different home countries

Hard to represent all fairly

THE FAILED ATTEMPTS (SO FAR)

California attempt:

Judge certified class July 15

9th Circuit stayed it July 18

"Class definition too broad"

Back to square one

Texas attempt:

Conservative judge (!!) certified class

Limited to Texas residents

5th Circuit reviewing

Likely to reverse

THE COST EXPLOSION

Regular injunction case: $50-100k Class action: $500k-2M

Expert witnesses on class issues

Extensive briefing

Notice costs

Administrative expenses

Years of litigation

Who pays? Nonprofits already stretched thin.

THE TIMING DISASTER

By the time class certified:

Thousands of babies born stateless

Families in limbo

Irreparable harm done

Maybe win in 2027?

Justice delayed = babies denied.

THE COVERAGE GAPS

Even successful class actions miss:

People who don't know about suit

Those afraid to join

Future babies not yet conceived

New immigrants arriving daily

Always someone left out.

THE ENFORCEMENT MESS

Say you win class certification. Then:

How does hospital know who's in class?

Database of class members?

Privacy concerns?

Verification process?

More delays and confusion

THE SUPREME COURT TRAP

Even if class certified and injunction granted:

Government appeals to Supreme Court

Same 6-3 majority

"Class certification was improper"

Back to nothing

It's a house of cards.

THE PSYCHOLOGICAL WARFARE

Requiring class actions:

Forces people to identify themselves

Creates lists of undocumented people

Requires coming forward

Many too scared

Self-deportation through fear

THE HISTORICAL IRONY

Brown v. Board of Education was a class action

Took YEARS to implement

Massive resistance

Still fighting 70 years later

Now imagine that for millions of babies.

THE BANDWIDTH PROBLEM

Limited number of:

Immigration lawyers

Civil rights orgs

Federal judges

Court resources

Can't handle hundreds of class actions simultaneously.

THE WHACK-A-MOLE EFFECT

Win in California? Government enforces in Texas Win in Texas? Enforces in Florida Win everywhere? Changes the policy slightly Start over

THE REAL SOLUTION NEEDED

What would actually work:

Congressional action

Supreme Court reversal

Constitutional amendment

Mass political mobilization

Class actions are band-aids on bullet wounds.

THE BITTER TRUTH

Sotomayor was right to call this "cumbersome"

It's not a solution. It's an obstacle course designed to fail.

But it's what we have.

So we run it.

Because what else can we do?

GOTO NEXT POST -> CLICK HERE

GOTO FIRST POST -> CLICK HERE

#class action #rule 23 #civil procedure #litigation strategy #nationwide injunctions #supreme court #workaround #birthright citizenship #legal loopholes

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