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Culp vs Madigan - Lawsuit Filed On Behalf of Non-Residents


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#781 press1280

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Posted 10 March 2019 - 06:36 AM

It has been a while since orals. But now with SCOTUS  hearing the NYSRPA case I'm wondering if the panel decides to hold off making a ruling until SCOTUS rules on that case.



#782 ChicagoZman

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Posted 10 March 2019 - 07:00 AM

It has been a while since orals. But now with SCOTUS  hearing the NYSRPA case I'm wondering if the panel decides to hold off making a ruling until SCOTUS rules on that case.

We're entering what, the fifth year of this suit?  What's another year or two in the overall scheme of things?  Fighting cancer this past year I wasn't sure I'd be around for the end, but now that I'm in remission, I can hope.


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#783 2A4Cook

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Posted 10 March 2019 - 08:51 AM

It has been a while since orals. But now with SCOTUS  hearing the NYSRPA case I'm wondering if the panel decides to hold off making a ruling until SCOTUS rules on that case.

We're entering what, the fifth year of this suit?  What's another year or two in the overall scheme of things?  Fighting cancer this past year I wasn't sure I'd be around for the end, but now that I'm in remission, I can hope.
I hope you see many more!

#784 Molly B.

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Posted 19 March 2019 - 10:48 AM

 

It has been a while since orals. But now with SCOTUS  hearing the NYSRPA case I'm wondering if the panel decides to hold off making a ruling until SCOTUS rules on that case.

We're entering what, the fifth year of this suit?  What's another year or two in the overall scheme of things?  Fighting cancer this past year I wasn't sure I'd be around for the end, but now that I'm in remission, I can hope.

 

 

 

Sorry to hear you were going through this.  I am so thankful you are now in remission!!


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#785 skinnyb82

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Posted 22 March 2019 - 10:11 AM

They often tear an attorney for one side apart, then rule in that side's favor. It's the questions asked by two judges going in the same direction that is often telling.
They tore into Illinois then ruled in favor of Moore. They tore into Shepard's counsel Thompson and ruled in favor of the state. I don't even try to predict anymore but the longer this is out, the better it is for Col. Culp. Sent from my VS987 using Tapatalk
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#786 press1280

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Posted 23 March 2019 - 05:44 AM

 

They often tear an attorney for one side apart, then rule in that side's favor. It's the questions asked by two judges going in the same direction that is often telling.
They tore into Illinois then ruled in favor of Moore. They tore into Shepard's counsel Thompson and ruled in favor of the state. I don't even try to predict anymore but the longer this is out, the better it is for Col. Culp. Sent from my VS987 using Tapatalk

 

Typically this would mean a split decision one way or another with a long delay (7th circuit timing). But there's NYSRPA being taken by SCOTUS and one of the judges during orals suggesting the IL Supremes get a crack at interpreting the statute. So we wait.....



#787 Molly B.

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Posted 16 April 2019 - 06:55 AM

The 7th Circuit ruled against the plaintiffs this past week. Two judges - Hamilton and Scudder against.  One judge, Manion,  offers dissenting opinion why plaintiffs should prevail in this case.

 

Attached File  48 - Opinion of 041219.pdf   221.43KB   150 downloads

 

Next step will be to determine whether to request en banc hearing or appeal to U.S. Supreme Court.


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#788 kevinmcc

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Posted 16 April 2019 - 08:30 AM

My issue is the laziness of the ISP to send out surveys. They should analyze the laws of the other states themselves and make a determination if they are substantially similar. They are the ones the at are required to do the work by statute, not the other states. An they are should make decisions based on the information provided, or the lack there of limit their liability.

Edited by kevinmcc, 16 April 2019 - 08:32 AM.

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#789 kevinmcc

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Posted 16 April 2019 - 08:44 AM

The dissent was excellent. I do wish the judge had pointed out that surveys are not proper in this day and age, may in pre-internet era.

Edited by kevinmcc, 16 April 2019 - 08:44 AM.

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#790 press1280

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Posted 16 April 2019 - 11:26 AM

The 7th Circuit ruled against the plaintiffs this past week. Two judges - Hamilton and Scudder against.  One judge, Manion,  offers dissenting opinion why plaintiffs should prevail in this case.
 
attachicon.gif48 - Opinion of 041219.pdf
 
Next step will be to determine whether to request en banc hearing or appeal to U.S. Supreme Court.


Odds are decent for en banc, so I'd try that first.

#791 press1280

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Posted 06 May 2019 - 04:12 PM

Will they appeal for en banc?



#792 kwc

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Posted 06 May 2019 - 05:01 PM

Yes--a petition for an en banc review was filed last week. Additionally, the Missouri Attorney General filed an amicus brief on behalf of the states of Missouri, Alabama, Arkansas, Arizona, Georgia, Indiana, Kansas, Louisiana, Mississippi Governor Phil Bryant, Nebraska, Ohio, South Carolina, South Dakota, Texas, Utah, and West Virginia. The brief favors the plaintiffs.
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#793 Molly B.

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Posted 08 May 2019 - 03:51 PM

The Amicus Brief:

 

Attached File  55 - States' Amicus Brief (filed).pdf   750.66KB   71 downloads


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#794 press1280

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Posted 06 June 2019 - 04:47 AM

Any news here?

#795 Charles Nichols

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Posted 06 June 2019 - 05:00 AM

Any news here?

Yep, Trump pretty much screwed you with his appointments to the court of appeals.

 

05/13/2019 56 ORDER: Plaintiffs-appellants filed a petition for rehearing and rehearing en banc on April 26, 2019. No judge in regular active service has requested a vote on the petition for rehearing en banc, and all members of the original panel have voted to deny panel rehearing. The petition for rehearing and rehearing en banc is therefore DENIED. [56] [7004211] [17-2998] (AG) [Entered: 05/13/2019 02:34 PM]
 
05/21/2019 57 Mandate issued. No record to be returned. [57] [7005991] [17-2998] (DS) [Entered: 05/21/2019 08:19 AM]
 
05/21/2019 Open Document FOR COURT USE ONLY: Certified copy of 04/12/2019 Final Opinion and Final Judgment, with 05/13/2019 Rehearing Denial Order, with Mandate sent to the District Court Clerk. [7005992-2] [7005992] [17-2998] (DS) [Entered: 05/21/2019 08:24 AM]


#796 press1280

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Posted 07 June 2019 - 08:49 AM

Any news here?

Yep, Trump pretty much screwed you with his appointments to the court of appeals.
 
05/13/2019 56 ORDER: Plaintiffs-appellants filed a petition for rehearing and rehearing en banc on April 26, 2019. No judge in regular active service has requested a vote on the petition for rehearing en banc, and all members of the original panel have voted to deny panel rehearing. The petition for rehearing and rehearing en banc is therefore DENIED. [56] [7004211] [17-2998] (AG) [Entered: 05/13/2019 02:34 PM]
 
05/21/2019 57 Mandate issued. No record to be returned. [57] [7005991] [17-2998] (DS) [Entered: 05/21/2019 08:19 AM]
 
05/21/2019 Open Document FOR COURT USE ONLY: Certified copy of 04/12/2019 Final Opinion and Final Judgment, with 05/13/2019 Rehearing Denial Order, with Mandate sent to the District Court Clerk. [7005992-2] [7005992] [17-2998] (DS) [Entered: 05/21/2019 08:24 AM]

Yea, he definitely screwed the pooch with Scudder it looks like, although I can't say I was happy with the way this case was handled from the get go.
The likely scenario now is they file for cert and will end up having this decision vacated via NYSRPA.

#797 press1280

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Posted 13 June 2019 - 04:02 PM

Will Culp be filing for cert?

#798 MrSmallie

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Posted 18 July 2019 - 06:01 AM

They have until Aug. 9 if my math is correct.






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