WHOM/WHAT IS “U.S.”? AND WHO/WHAT IS “USOA?”

To illustrate this next point, presume first that “United States” (”U.S.”) is insolvent. Then presume that “United States of America” (”USOA”) shows up as a/the representative of that insolvent estate. Thus, in addition to the facts that (A) Plaintiff (USOA) is not the eo nomine party, see Fed. R. Civ. P. 17, and (B) both the Plaintiff (USOA) and U.S. have yet to establish standing, i.e., being a real party in interest, see Fed. R. Civ. P. 19, even if we presume that USOA is a/the representative of the insolvent U.S., it’s still the case that unless that representative is a “foreign” entity, doj has no signature authority.

Link to this post  •  1:11 pm  •  27 May 2009