3:23-mc-00084
M.D. La.Sep 14, 2023Background
- Edward Moses Jr., a Louisiana lawyer admitted to the M.D. La. bar, began litigating a theory that the 1803 Louisiana Purchase was invalid and that he is sovereign “Emperor” of an Atakapa nation beginning in 2018.
- Moses filed multiple related suits (Atakapa I–IV) and attempted to inject the theory into client matters (Colbert, Warner); courts repeatedly dismissed the claims as frivolous.
- The Fifth Circuit labeled Moses’s claims “entirely frivolous” and the Western District sanctioned him twice ($2,500 each); the Fifth Circuit later imposed an additional $2,500 sanction and warned of more.
- Atakapa IV was filed in state court, removed to federal court, and dismissed by the M.D. La. on May 11, 2023 as frivolous; the court issued a Show Cause Order for sanctions and held a hearing on August 4, 2023.
- The Court found Moses repeatedly warned, persisted willfully, and used state-court filings to evade federal rulings, concluding his conduct violated Rule 11 and Louisiana Rules of Professional Conduct.
- The Court imposed a $15,000 Rule 11 fine (jointly against Moses and Moses Law Firm) and suspended Moses’s M.D. La. admission for one year, warning that further similar misconduct will lead to disbarment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction / prior-exclusive-jurisdiction (Princess Lida) | Moses: federal court lacked authority because state court had prior jurisdiction over the trust/estate. | United States / Court: Atakapa IV sought injunctive relief against U.S. authority, removal was timely, Princess Lida inapplicable. | Rejected Moses; prior-exclusive rule did not bar federal jurisdiction or disciplinary proceedings. |
| Rule 11(b)(2) — frivolous pleading | Moses: claims are based on law and fact (Louisiana Purchase ratification issue). | U.S. / Court: Fifth Circuit and multiple courts previously held identical claims frivolous; further pursuit unreasonable. | Court found a willful Rule 11(b)(2) violation. |
| Louisiana RPCs 3.1 and 8.4(c) — meritorious claims and misconduct | Moses: (generally) defenses asserting merits or procedural defects; invoked sovereign status. | Court: Moses acted in bad faith, deceitfully sought to evade prior rulings and disciplinary reach. | Court found willful violations of Rules 3.1 and 8.4(c) (dishonesty/bad faith). |
| Appropriate sanctions | Moses: sanctions not warranted; procedural challenges to disciplinary charge. | Court: prior sanctions ineffective; pattern of bad-faith filings requires deterrent sanctions and suspension. | Imposed $15,000 fine (Rule 11) and one-year suspension from M.D. La. practice; warned disbarment for repeat misconduct. |
Key Cases Cited
- Atakapa Indian de Creole Nation v. Louisiana, 943 F.3d 1004 (5th Cir. 2019) (Fifth Circuit deemed Moses’s claims wholly without merit)
- Princess Lida of Thurn & Taxis v. Thompson, 305 U.S. 456 (1939) (prior-exclusive-jurisdiction doctrine)
- United States v. Sid-Mars Restaurant & Lounge, 644 F.3d 270 (5th Cir. 2011) (limits on prior-exclusive-jurisdiction and exceptions when the U.S. has competing claim)
- McGirt v. Oklahoma, 140 S. Ct. 2452 (2020) (distinguished by court; treaty-based reservation/tribal jurisdiction principles)
- Chambers v. NASCO, Inc., 501 U.S. 32 (1991) (court’s inherent power to sanction for bad-faith conduct)
- Whitehead v. Food Max of Mississippi, Inc., 332 F.3d 796 (5th Cir. 2003) (objective reasonableness standard for Rule 11)
- In re Goode, 821 F.3d 553 (5th Cir. 2016) (strict construction of disciplinary rules and proof standards)
- In re Sealed Appellant, 194 F.3d 666 (5th Cir. 1999) (considerations for sanctions and discipline)