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Adam Zimmerman

@profadamszimmerman.bsky.social

8K followers 540 following 260 posts

Law Professor at USC Gould School of Law SSRN: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1026179

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Adam Zimmerman @profadamszimmerman.bsky.social · Nov 12

Hot off the press in the
@YaleLJournal “Ghostwriting Federalism.” It’s the first to comprehensively map how federal agencies help states write state legislation and explore what it means for administrative law & federalism. papers.ssrn.com/sol3/papers....

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Adam Zimmerman @profadamszimmerman.bsky.social · 13d

I spoke to @bloomberg.com about a new SEC proposal that would gut securities class actions by sending securities cases into mandatory arbitration.

TLDR: States would have to go along--and even then--it could backfire--sparking costly forms of mass arbitration. news.bloomberglaw.com/litigation/s...

SEC Shift on Arbitration Sparks Strategies to Counter Its Effect

An SEC policy change enabling companies going public to shunt securities fraud claims into binding arbitration before they’re ever filed in court is already prompting ideas about how to turn the table...

news.bloomberglaw.com

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Adam Zimmerman @profadamszimmerman.bsky.social · 22d

Well, they were "virtual" billboards, designed by my students, but sadly, Jaros heartlessly defaced those, after he hacked into our Brightspace page. We‘re considering including that in our counterclaim.

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Adam Zimmerman @profadamszimmerman.bsky.social · 22d

The assignment was responsive motions and pleadings. So, the students had to work in teams to address what motions we could (and should) file before we answered, and then, to determine what we include in our answer, including any affirmative defenses and counterclaims.

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Adam Zimmerman @profadamszimmerman.bsky.social · 22d

Thank you for supporting Team Zimmerman!

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Adam Zimmerman @profadamszimmerman.bsky.social · 22d

They're unpaid, unlicensed associates at the firm--not partners--so I'm less worried about a lawsuit to dissolve our great firm. But now you mention it, maybe I should worry about a Fair Labor Standards Act or similar state law claim when we do class actions at the end of the semester!

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Adam Zimmerman @profadamszimmerman.bsky.social · 22d

The weird thing is--in almost every one of my Civil Procedure classes--something like this seems to happen. I guess it's the price you pay for running the premier fake limited liability law firm in the greater LA area. Fortunately, my student associates are very bright and take it all in stride.

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Adam Zimmerman @profadamszimmerman.bsky.social · 22d

You can see the first page of the complaint & PI below. I've always run my class as a fake law firm, The Zimmerman Group LLP. So, Jaros found a company in Minnesota, also called the Zimmerman Group, to sue me for violating its trademarked name. Fortunately, great minds at ZG LLP were there to help.

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Adam Zimmerman @profadamszimmerman.bsky.social · 22d

7. So, if we don't succeed on our motions to dismiss for want of personal jurisdiction, venue, service of process, or failure to state a claim fail under (b)(2)-(6), we'll keep a record of our video and chat for our counterclaims. Long live TheZimmermanGroupLLPCivilProcedure2025!

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Adam Zimmerman @profadamszimmerman.bsky.social · 22d

6. But by Zoom-bombing us in class, and vandalizing our Brightspace page with fake images to "serve" us, he did something else: He exposed himself and his client to liability under the Computer Fraud and Abuse Act. t.co/b59buEGrMi

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Adam Zimmerman @profadamszimmerman.bsky.social · 22d

5. Some courts have allowed service over Facebook and Twitter. But no case has yet permitted service by Zoom-bombing. t.co/7SgzcJJ5tx

https://scholar.google.com/scholar_case?case=11774574955574717873&hl=en&as_sdt=6&as_vis=1&oi=scholarr

t.co

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Adam Zimmerman @profadamszimmerman.bsky.social · 22d

4. But TX state law (a) does not allow you to serve someone electronically unless you've tried to do it through a more traditional way first (mail/in person) and (b) only allows service to a D "sent to their social media" presence. And is Zoom even a "social media" presence?

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Adam Zimmerman @profadamszimmerman.bsky.social · 22d

3. Remarkable as this may sound, David Jaros
was right to say that Rule 4(e)(1) allows you to serve someone according to the state law where a federal court sits.

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Adam Zimmerman @profadamszimmerman.bsky.social · 22d

2. Today, we learned why Jaros sued us--a fake LA law firm--on behalf of a Minnesota company in Texas. In August 2020, Texas said it would allow service through social media if ordinary methods fail (e.g. mail). So, he thought Zoom-bombing would do. t.co/pZteOPYISO

https://www.courthousenews.com/texas-supreme-court-oks-service-of-process-through-social-media-and-email/

t.co

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Adam Zimmerman @profadamszimmerman.bsky.social · 22d

1. Word to the wise: Don't tell your nemesis about when you hold your class. He may zoom-bomb you and try to serve your Civil Procedure class with a frivolous lawsuit from Texas in the chat!

A 🧵on the hurdles to service via Zoom-bombing.

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Adam Zimmerman @profadamszimmerman.bsky.social · 27d

15. The broader lesson I've taken is that the forum *where* we do justice doesn't matter. Courts, agencies, schools, private organization. There are many places to collectively redress mass pleas in a dark world. But the overriding concern is that they stay open to our hear stories. And do justice.

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Adam Zimmerman @profadamszimmerman.bsky.social · 27d

14. After my clerkship, I took a job that required I relive that day over and over again. I worked as the Deputy Special Master for the 9-11 Victim Compensation Fund. Ken would give me daily dispatches from the Judge. I now write about mass torts--and to this day, I start my Torts class with 9-11.

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Adam Zimmerman @profadamszimmerman.bsky.social · 27d

13. He also talked about the duties and responsibilities of citizenship. He handed out his business cards, so they could call if they had any questions. (Some did.) He always believed the federal district courts should be open to everyone for a reason. That day was no exception.

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Adam Zimmerman @profadamszimmerman.bsky.social · 27d

12. The problem was, no one else, including the INS officer needed to swear them in, was around. So, they asked the Judge if he could come down and explain everything. So, Judge Weinstein, who had just turned 80, headed down to the ceremonial courtroom to explain the situation.

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Adam Zimmerman @profadamszimmerman.bsky.social · 27d

11. Shortly after he arrived, he got a call from the marshal’s office. It was swearing-in day for new naturalized citizens. And nothing—not even the September 11 attacks—would stop them from showing up at the courthouse, either.

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Adam Zimmerman @profadamszimmerman.bsky.social · 27d

10. So, he called a black car from Great Neck, flashing his badge as he headed down the Brooklyn Queens Expressway, which was closed to regular traffic, and was the one of the only—if not the only—judge to show up in the courthouse that day.

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Adam Zimmerman @profadamszimmerman.bsky.social · 27d

9. Judge Weinstein was 20 years old for Pearl Harbor, and he would live another 20 years after 9-11. The next day Giuliani told everyone to stay home. And most did. Except for Judge Weinstein. He believed the courthouse should stay open.

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Adam Zimmerman @profadamszimmerman.bsky.social · 27d

8. A charred sheet of paper from the towers—what looked like an insurance document from Marsh McLennan—was wedged in my fire escape. I called the Judge to let him know I was home. He was glad I was safe and talked about Pearl Harbor. He speculated that we’d lose a lot more.

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Adam Zimmerman @profadamszimmerman.bsky.social · 27d

7. My apartment in Carroll Gardens was just across the river from lower Manhattan. As it began to dissipate, the huge plume of smoke and debris flowed into our neighborhood.

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Adam Zimmerman @profadamszimmerman.bsky.social · 27d

6. It was around then that the first Tower fell. From my perspective in the crowd, it fell right in on itself—leaving just a smoke-shaped trace of its former self. We heard the crushing sound just after that, triggering a collective gasp in the crowd, and I began to run home to my apartment.

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Adam Zimmerman @profadamszimmerman.bsky.social · 27d

5. Cadman Plaza, just outside the Brooklyn federal courthouse, felt like a zombie movie. People parked their cars in the middle of the street, left their doors open, listening to radios for information, and stared at the now-smoking towers. Someone told me the Pentagon was attacked, too.

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