Jump to content


Photo

McDonald/NRA lawyers likely to get paid


This topic has been archived. This means that you cannot reply to this topic.
21 replies to this topic

#1 Federal Farmer

    David Lawson

  • Members
  • 9,346 posts
  • Joined: 03-January 07

Posted 02 June 2011 - 09:29 AM

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.

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.

--George Orwell

-- Certified something-or-other by various organizations and governmental entities.

#2 abolt243

    Tim Bowyer

  • Moderator
  • 11,712 posts
  • Joined: 30-April 07

Posted 02 June 2011 - 09:34 AM

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
Are you a member of the ISRA?? If not, why not?? Join over 18,000 other Illinois gun owners in the fight for your rights!!!

The Roman Empire fell due to a large, corrupt government, overspending, an overextended military, insecure borders, and the illegal immigration of Goths, barbarians (anyone who was not educated), and religious fanatics. Sound familiar?


"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.."
--Samuel Adams

Luke 11:21 - "When a strong man, fully armed, guards his own house, his possessions are undisturbed." NASB


#3 Don Gwinn

    President, SCRA

  • Moderator
  • 2,683 posts
  • Joined: 18-June 04

Posted 02 June 2011 - 09:35 AM

. . . . 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.


________________________________________________________________________________

Illinois Gun Owners' Lobbying Day

March 5, 2014

Be there or everyone will see that you have four equal sides and four 90-degree angles!

________________________________________________________________________________


#4 pyre400

    Political opinions expressed are always my own.

  • Admin
  • 7,728 posts
  • Joined: 14-March 09

Posted 02 June 2011 - 09:46 AM

Nice :thumbsup:

__________________
R[∃vo˩]ution


#5 ming

    Member

  • Supporting Members Team
  • 2,166 posts
  • Joined: 22-July 09

Posted 02 June 2011 - 10:52 AM

here's the link to the ruling:

http://www.ca7.uscou...mp/8E0PHS5R.pdf

It's a very nice read.

NRA Life Member
NRA Certified Pistol and PPITH Instructor
NRA Range Safety Officer
ISRA Life Member
Registered Illinois Concealed Carry Firearms Instructor


#6 Tvandermyde

    Member

  • Members
  • 6,809 posts
  • Joined: 29-March 09

Posted 02 June 2011 - 11:09 AM

this was a ruling in the NRA case, was there a seperate ruling in the McDonald case?
While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.
 
my posts are moderated due to some butthurt on the part of IC people not liking my comments at times

#7 ming

    Member

  • Supporting Members Team
  • 2,166 posts
  • Joined: 22-July 09

Posted 02 June 2011 - 11:11 AM

deleted

NRA Life Member
NRA Certified Pistol and PPITH Instructor
NRA Range Safety Officer
ISRA Life Member
Registered Illinois Concealed Carry Firearms Instructor


#8 Federal Farmer

    David Lawson

  • Members
  • 9,346 posts
  • Joined: 03-January 07

Posted 02 June 2011 - 11:48 AM

this was a ruling in the NRA case, was there a seperate ruling in the McDonald case?


No separate ruling as of yet.

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.

--George Orwell

-- Certified something-or-other by various organizations and governmental entities.

#9 Tvandermyde

    Member

  • Members
  • 6,809 posts
  • Joined: 29-March 09

Posted 02 June 2011 - 01:02 PM

got this from our lawyers.



Per 7th Cir. docket, same Final Judgment was filed in all 3 cases (McDonald, City & Oak Park).
While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.
 
my posts are moderated due to some butthurt on the part of IC people not liking my comments at times

#10 templar223

    Natural Born Infidel

  • Members
  • 2,414 posts
  • Joined: 20-October 05

Posted 02 June 2011 - 02:29 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
Guns Save Life | GSL Defense Training

Guns Save Life meets the second Tuesday of each month at the Knights of Columbus in Rantoul, IL. Ask me how to get there! It's a great time. Join Guns Save Life today for some great benefits!

GSL Defense Training provides NRA Personal Protection in the Home courses that satisfy the training requirement for a Florida non-resident License to Carry, as well as intermediate-level pistol training and training in the use of Urban Rifles.

#11 USAG

  • Members
  • 47 posts
  • Joined: 17-March 11

Posted 02 June 2011 - 02:42 PM

very good reading. Its a good Boost.

#12 Tvandermyde

    Member

  • Members
  • 6,809 posts
  • Joined: 29-March 09

Posted 02 June 2011 - 04:35 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.
While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.
 
my posts are moderated due to some butthurt on the part of IC people not liking my comments at times

#13 Sigma

    Member

  • Members
  • 3,012 posts
  • Joined: 13-August 09

Posted 02 June 2011 - 06:12 PM

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.
Exodus 22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

Gun control is not about guns, it's about control. Once they have all the guns, they'll also have complete control.-Abolt

Guns kill people just like beds get girls pregnant.

#14 Skorpius

    Member

  • Members
  • 1,375 posts
  • Joined: 02-July 10

Posted 02 June 2011 - 06:40 PM

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.
Posted Image
NRA / ISRA

#15 Beezil

    Member

  • Members
  • 2,863 posts
  • Joined: 14-March 08

Posted 02 June 2011 - 07:47 PM

My tax dollars are going to that payout, and for once i hope they get every last red cent

Who is John Galt?


#16 mstrat

    Member

  • Members
  • 1,395 posts
  • Joined: 27-September 10

Posted 10 June 2011 - 11:20 AM

A little old, but I came across this today. An interesting read: http://www.weeklysta...nks_573218.html
ProtectIllinois.org: Share this link to teach others about RTC in IL

#17 GarandFan

    Member

  • Members
  • 11,772 posts
  • Joined: 06-February 07

Posted 15 June 2011 - 01:25 PM

This is ... sweet!


http://www.oakpark.c...A's_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.
"It takes all the running you can do just to keep in the same place."
Lewis Carroll, 1872

#18 pyre400

    Political opinions expressed are always my own.

  • Admin
  • 7,728 posts
  • Joined: 14-March 09

Posted 15 June 2011 - 01:44 PM

I think I shall write him a follow-up.


Nice :thumbsup:

Doubt you'll get a reply, but please do share if you do.

__________________
R[∃vo˩]ution


#19 burningspear

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 789 posts
  • Joined: 23-May 07

Posted 15 June 2011 - 02:25 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.

#20 Sigma

    Member

  • Members
  • 3,012 posts
  • Joined: 13-August 09

Posted 15 June 2011 - 02:40 PM

Please write them and include your original email. THey might reply with 2 words.
"Shut Up"
Exodus 22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

Gun control is not about guns, it's about control. Once they have all the guns, they'll also have complete control.-Abolt

Guns kill people just like beds get girls pregnant.

#21 Davey

    Member

  • Members
  • 3,335 posts
  • Joined: 02-November 10

Posted 15 June 2011 - 10:12 PM

This is ... sweet!


http://www.oakpark.c...A's_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.

#22 Sigma

    Member

  • Members
  • 3,012 posts
  • Joined: 13-August 09

Posted 16 June 2011 - 03:16 PM

post made me lol, rofl, :D :P :D :yes: :lol: :thumbsup: :D and smile
Exodus 22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

Gun control is not about guns, it's about control. Once they have all the guns, they'll also have complete control.-Abolt

Guns kill people just like beds get girls pregnant.