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Defendants’ motion also asserts that attorney Irion’s legal theory cannot possibly
prevail. Yet the legal theory asserted is based upon precedent from a legal
of theUnited States Supreme Court.
contrary authority relies upon dicta. It is well-established that dicta cannot abrogate binding precedent, regardless of how often it isrepeated. Neither repetition of dicta nor emotionally-charged disagreement withprecedent grants authority to abrogate precedent.
Defendants’ assertion that attorney Irion “misrepresented as a holding a questionthat the Supreme Court expressly left open” and “ignored subsequent Supreme Court precedent on point,” is refuted by a simple reading of the cases at issue. Defendants’
assertions are a gross misrepresentation to this Court.
Demonstrably False Allegation of Fraud on the Court
Defendants’ theory is that attorney Irion somehow knew that the National
Democratic Party of the USA, Incorporated (NDPUSA) is a sham organization, and thatattorney Irion decided to take advantage of this information by naming NDPUSA in orderto get a default judgment against NDPUSA. Doc. 28 at 8-9.
claim that attorney Irion failed to perform a reasonable pre-litigation inquiry and that
such an inquiry “would have revealed that the ‘National Democratic Party of the USA,Inc.’ is not affiliated with the DNC or the Democratic Party in any way.”
. at 8.These allegations are provably false.
Case 2:11-cv-02089-SRB Document 31 Filed 05/23/12 Page 2 of 21