Federal Farmer Posted June 2, 2011 at 03:29 PM Share Posted June 2, 2011 at 03:29 PM For those not keeping track, the 7th Circuit lower court ruled that the McDonald lawyers did not deserves to recoup fees because the McDonald case did not prevail due to Chicago changing its ordinances. This was, of course, appealed to the 7th Circuit Court of Appeals and they have just ruled that McDonald did prevail for fee purposes and remanded the case back to the lower court for fee determination. This is great news, not just for the McDonald lawyers, but for civil rights in general. The ability for lawyers to recoup fees when they prevail is a bedrock principle that incentivizes them to take on cases where the plaintiffs might not have the money to fund their own lawsuit. Without this, only the rich would have civil rights. Link to comment Share on other sites More sharing options...
abolt243 Posted June 2, 2011 at 03:34 PM Share Posted June 2, 2011 at 03:34 PM For those not keeping track, the 7th Circuit lower court ruled that the McDonald lawyers did not deserves to recoup fees because the McDonald case did not prevail due to Chicago changing its ordinances. This was, of course, appealed to the 7th Circuit Court of Appeals and they have just ruled that McDonald did prevail for fee purposes and remanded the case back to the lower court for fee determination. This is great news, not just for the McDonald lawyers, but for civil rights in general. The ability for lawyers to recoup fees when they prevail is a bedrock principle that incentivizes them to take on cases where the plaintiffs might not have the money to fund their own lawsuit. Without this, only the rich would have civil rights. It appears that the 7th Circuit is just trying to be a PITA re: gun rights in general. Would that be a fair assessment?? AB Link to comment Share on other sites More sharing options...
Don Gwinn Posted June 2, 2011 at 03:35 PM Share Posted June 2, 2011 at 03:35 PM . . . . and those playing the game with other peoples' money would have freer license to violate rights, knowing that they can spend more of that sweet OPM to defend the action. Link to comment Share on other sites More sharing options...
pyre400 Posted June 2, 2011 at 03:46 PM Share Posted June 2, 2011 at 03:46 PM Nice Link to comment Share on other sites More sharing options...
ming Posted June 2, 2011 at 04:52 PM Share Posted June 2, 2011 at 04:52 PM here's the link to the ruling: http://www.ca7.uscourts.gov/tmp/8E0PHS5R.pdf It's a very nice read. Link to comment Share on other sites More sharing options...
Tvandermyde Posted June 2, 2011 at 05:09 PM Share Posted June 2, 2011 at 05:09 PM this was a ruling in the NRA case, was there a seperate ruling in the McDonald case? Link to comment Share on other sites More sharing options...
ming Posted June 2, 2011 at 05:11 PM Share Posted June 2, 2011 at 05:11 PM deleted Link to comment Share on other sites More sharing options...
Federal Farmer Posted June 2, 2011 at 05:48 PM Author Share Posted June 2, 2011 at 05:48 PM this was a ruling in the NRA case, was there a seperate ruling in the McDonald case? No separate ruling as of yet. Link to comment Share on other sites More sharing options...
Tvandermyde Posted June 2, 2011 at 07:02 PM Share Posted June 2, 2011 at 07:02 PM got this from our lawyers. Per 7th Cir. docket, same Final Judgment was filed in all 3 cases (McDonald, City & Oak Park). Link to comment Share on other sites More sharing options...
templar223 Posted June 2, 2011 at 08:29 PM Share Posted June 2, 2011 at 08:29 PM For those not keeping track, the 7th Circuit lower court ruled that the McDonald lawyers did not deserves to recoup fees because the McDonald case did not prevail due to Chicago changing its ordinances. Let me guess, these are the same guys who didn't think Heller should be applied to the states, right? Don't you love activist judges? J Link to comment Share on other sites More sharing options...
USAG Posted June 2, 2011 at 08:42 PM Share Posted June 2, 2011 at 08:42 PM very good reading. Its a good Boost. Link to comment Share on other sites More sharing options...
Tvandermyde Posted June 2, 2011 at 10:35 PM Share Posted June 2, 2011 at 10:35 PM same panel we had on appeal, but this goes more to civil rights than it does guns. When we get to hagling about 20 cents on the dollar, lets see what they say. Link to comment Share on other sites More sharing options...
Sigma Posted June 3, 2011 at 12:12 AM Share Posted June 3, 2011 at 12:12 AM I know they are spending Chicagoans money and dont care but I think its worst when they dont have to pay at all. Atleast now perhaps they will get some push back from Chicago tax payers. Just think about the law suits they will have to pay for over the next few years. You would think that would be enough for them to stop there foolishness like some of the suburbs did when they first filed the suit. Link to comment Share on other sites More sharing options...
Skorpius Posted June 3, 2011 at 12:40 AM Share Posted June 3, 2011 at 12:40 AM But they don't know that, Sigma. The average person around here, who doesn't even have guns on their radar at all, might never know what has been going on. Link to comment Share on other sites More sharing options...
Beezil Posted June 3, 2011 at 01:47 AM Share Posted June 3, 2011 at 01:47 AM My tax dollars are going to that payout, and for once i hope they get every last red cent Link to comment Share on other sites More sharing options...
mstrat Posted June 10, 2011 at 05:20 PM Share Posted June 10, 2011 at 05:20 PM A little old, but I came across this today. An interesting read: http://www.weeklystandard.com/blogs/war-gun-rights-chicago-s-firing-blanks_573218.html Link to comment Share on other sites More sharing options...
GarandFan Posted June 15, 2011 at 07:25 PM Share Posted June 15, 2011 at 07:25 PM This is ... sweet! http://www.oakpark.com/News/Articles/06-14-2011/Chicago_won%27t_shield_Oak_Park_from_NRA%27s_legal_costs Chicago won't shield Oak Park from NRA's legal costs Back when Oak Park decided to stick it out with Chicago, I wrote to the village board president, urging them to repeal their law or face large legal fees. He wasn't worried, as he said "Chicago had guaranteed to cover us in case of loss." I think I shall write him a follow-up. Link to comment Share on other sites More sharing options...
pyre400 Posted June 15, 2011 at 07:44 PM Share Posted June 15, 2011 at 07:44 PM I think I shall write him a follow-up. Nice Doubt you'll get a reply, but please do share if you do. Link to comment Share on other sites More sharing options...
burningspear Posted June 15, 2011 at 08:25 PM Share Posted June 15, 2011 at 08:25 PM I have a right to keep and bear arms for lawful purposes. That right is protected by the Second Amendment of the United States Constitution. Oak Park and Chicago violated that right -- In fact, they continue to trample the right -- and should pay substantial sums of money to the attorneys and organizations who challenged the abuse. The fight is not over. These same attorneys and groups, I hope, will continue the battle. Link to comment Share on other sites More sharing options...
Sigma Posted June 15, 2011 at 08:40 PM Share Posted June 15, 2011 at 08:40 PM Please write them and include your original email. THey might reply with 2 words."Shut Up" Link to comment Share on other sites More sharing options...
Davey Posted June 16, 2011 at 04:12 AM Share Posted June 16, 2011 at 04:12 AM This is ... sweet! http://www.oakpark.com/News/Articles/06-14-2011/Chicago_won%27t_shield_Oak_Park_from_NRA%27s_legal_costs Chicago won't shield Oak Park from NRA's legal costs Back when Oak Park decided to stick it out with Chicago, I wrote to the village board president, urging them to repeal their law or face large legal fees. He wasn't worried, as he said "Chicago had guaranteed to cover us in case of loss." I think I shall write him a follow-up. Your post made me giggle inside. Link to comment Share on other sites More sharing options...
Sigma Posted June 16, 2011 at 09:16 PM Share Posted June 16, 2011 at 09:16 PM post made me lol, rofl, and smile Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.