Monday, December 7, 2015

An antitrust lawsuit against attorney regulation is being litigated in a federal district court in Florida

The case has been filed in June of 2015 in the U.S. District Court for the Southern District of Florida and is called Erwin Rosenberg v Florida State Bar, Case No. 1:15-cv-22113.

Antitrust claims were dismissed since then - unfortunately, but several due process challenges to Florida bar rules survived.

In the case, attorney Erwin Rosenberg has been suspended for one year, judging by the pleadings submitted, at least in part for criticism of judicial misconduct and with judicial misconduct that led to the disciplinary proceedings - a husband judge affirming a wife-judge's decision challenged by Mr. Rosenberg for bias.

Erwin Rosenberg advanced very skillful argument pertaining to invalidity of attorney disciplinary rulings against him on antitrust and due process grounds.  

Erwin Rosenberg's argument can be used to show conceptual invalidity of the Rooker-Feldman doctrine, one of the main  court-created bars to civil rights litigation.

I wish Erwin Rosenberg luck in his lawsuit.  

Mr. Rosenberg's brilliant arguments may pave a path for other attorneys unjustly disciplined for doing their jobs for their clients.

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