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Bevis v Naperville - AWB

Euler

By Euler
in Judicial Second Amendment Case Discussion

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Craigcr2 Member

Craigcr2

Posted
Posted
On 12/20/2022 at 6:55 PM, 2A4Cook said:

If there was actually an "and" there, the sleazebags should be sanctioned.  That is a direct misrepresentation to the court.  Conjunctions are exceedingly important in statutes and legal decisions, and every lawyer knows that.  Putting it in brackets just makes it worse for them -- at least it SHOULD.


Benitez called the State of CA out for this in a hearing. 
 

image.png.78d4a8a9f2efc03b3ba3437883797f6b.png

 

https://drive.google.com/file/d/1ZlVbtI2h9-Qp14ryTeREeoR-Sj-fpxev/view

Upholder Member

Upholder

Posted
Posted
On 12/20/2022 at 6:55 PM, 2A4Cook said:

If there was actually an "and" there, the sleazebags should be sanctioned.  That is a direct misrepresentation to the court.  Conjunctions are exceedingly important in statutes and legal decisions, and every lawyer knows that.  Putting it in brackets just makes it worse for them -- at least it SHOULD.

 

From NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC., ET AL. v. BRUEN, SUPERINTENDENT OF NEW YORK STATE POLICE, ET AL.:

Quote

The statutes essentially prohibited bearing arms in a way that spread “fear” or “terror” among the people, including by carrying of “dangerous and unusual weapons.” See 554 U.S., at 627.

 

From District of Columbia v. Heller, 554 U.S. 570 (2008):

Quote

We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of “dangerous and unusual weapons.”

 

Flynn Member

Flynn

Posted
Posted
On 12/20/2022 at 6:55 PM, 2A4Cook said:

If there was actually an "and" there, the sleazebags should be sanctioned.  That is a direct misrepresentation to the court.

 

There is in fact an "and" in there in the real opinion(s), no doubt they should be sanctioned, that was not a mistake, they clearly edited it to misrepresente, deceive and attempt to change the  defintion in the Heller/Bruen ruling, there is simply no other excuse, you don't accidentally typo "[or]" when you are typing "and" that was 100% intentional adn the judge should drag them over the coals for it!

Tvandermyde Member

Tvandermyde

Posted
Posted

this dipstick is a managing partner

 

https://www.perkinscoie.com/en/professionals/christopher-b-wilson.html

 

Christopher Wilson is a partner in the firm's Litigation practice and served as the managing partner of the Chicago office for the past 16 years. Chris is an experienced trial attorney who has obtained jury verdicts for clients on complex legal issues in federal and state courts across the country. He also has substantial national experience representing clients in arbitrations and other alternative dispute forums.

Chris’s representative matters include work for Amazon.com, the Boeing Company, Career Education, Dunkin Donuts, Kraft Foods, Griffith Foods, IBM, Ingram Micro, Uber, the University of Illinois and Willis Towers Watson.

Chris has represented companies at trial in a variety of complex matters, including antitrust litigation, consumer class actions, False Claims Act litigation, consumer protection, professional liability, product liability matters, securities litigation and trade secret litigation, among many others.

In addition, Chris has been recognized for his significant pro bono work. He received the Award for Excellence in Pro Bono Service from the Judges of the United States District Court for the Northern District of Illinois and has been nationally recognized for his work on gun safety litigation. Chris represented the City of Highland Park, Illinois in the successful defense of its assault weapons ban, one of the first decisions in the country upholding the rights of municipalities to protect its citizens from these weapons.

davel501 Member

davel501

Posted
Posted
On 12/26/2022 at 8:37 PM, Tvandermyde said:

How Naperville may have sunk things like HB-5855's gun ban

 

 

I like the hat. I need to sign up for one of his classes next time he's back in town. 

Euler Member

Euler

Posted
  • Author
Posted
On 12/26/2022 at 11:53 PM, mikew said:

Todd, can you post a link to the brief?

 

All the filed documents are available at the link provided in the opening post. Many of them cost $$$, but some of them are free, including this one.

 

On 11/26/2022 at 3:34 AM, Euler said:

The case was filed in the Federal District Court of Northern Illinois on September 7. (Docket)

 

Robert Bevis owns Law Weapons & Supply.

...

 

From the docket:

REPLY by Robert Bevis, Law Weapons, Inc., National Association for Gun Rights

mab22 Member

mab22

Posted
Posted
On 12/25/2022 at 12:10 AM, Flynn said:

 

They loaded a brick into their white gloves before they slapped the city.

It’s a bit of a long read, not boring, BUT, You could almost use it as a template for other “municipalities” within the state.

I would say well done!
 

 

mab22 Member

mab22

Posted
Posted
On 12/25/2022 at 8:07 PM, Tvandermyde said:

this dipstick is a managing partner

 

https://www.perkinscoie.com/en/professionals/christopher-b-wilson.html

 

Christopher Wilson is a partner in the firm's Litigation practice and served as the managing partner of the Chicago office for the past 16 years. Chris is an experienced trial attorney who has obtained jury verdicts for clients on complex legal issues in federal and state courts across the country. He also has substantial national experience representing clients in arbitrations and other alternative dispute forums.

Chris’s representative matters include work for Amazon.com, the Boeing Company, Career Education, Dunkin Donuts, Kraft Foods, Griffith Foods, IBM, Ingram Micro, Uber, the University of Illinois and Willis Towers Watson.

Chris has represented companies at trial in a variety of complex matters, including antitrust litigation, consumer class actions, False Claims Act litigation, consumer protection, professional liability, product liability matters, securities litigation and trade secret litigation, among many others.

In addition, Chris has been recognized for his significant pro bono work. He received the Award for Excellence in Pro Bono Service from the Judges of the United States District Court for the Northern District of Illinois and has been nationally recognized for his work on gun safety litigation. Chris represented the City of Highland Park, Illinois in the successful defense of its assault weapons ban, one of the first decisions in the country upholding the rights of municipalities to protect its citizens from these weapons.

Please don’t get comfortable.

You need to keep your guard up at all times with the attorneys.

While you and the attorneys THINK you have the upper hand, never underestimate your opponent. You don’t know what they have up their sleeve, or what they are willing to stoop to to drag things out, or what the judge will decide. Even though you can appeal you don’t know the immediate effect. The judges may want to deflect the slings and arrows regarding a judgement like this and learn to twist and contort like Justice Roberts.

Just sayin, not complainin.



 

Tvandermyde Member

Tvandermyde

Posted
Posted
On 12/30/2022 at 11:21 PM, mab22 said:

Please don’t get comfortable.

You need to keep your guard up at all times with the attorneys.

While you and the attorneys THINK you have the upper hand, never underestimate your opponent. You don’t know what they have up their sleeve, or what they are willing to stoop to to drag things out, or what the judge will decide. Even though you can appeal you don’t know the immediate effect. The judges may want to deflect the slings and arrows regarding a judgement like this and learn to twist and contort like Justice Roberts.

Just sayin, not complainin.



 

not a problem, my point is that this brief reads like a cut and paste from a first year para legal. Not the quality of work I would expect from a partner like that. the reply from "our" side was much better and called them to task for their miss representations

steveTA84 Member

steveTA84

Posted
Posted
On 12/25/2022 at 8:07 PM, Tvandermyde said:

this dipstick is a managing partner

 

https://www.perkinscoie.com/en/professionals/christopher-b-wilson.html

 

Christopher Wilson is a partner in the firm's Litigation practice and served as the managing partner of the Chicago office for the past 16 years. Chris is an experienced trial attorney who has obtained jury verdicts for clients on complex legal issues in federal and state courts across the country. He also has substantial national experience representing clients in arbitrations and other alternative dispute forums.

Chris’s representative matters include work for Amazon.com, the Boeing Company, Career Education, Dunkin Donuts, Kraft Foods, Griffith Foods, IBM, Ingram Micro, Uber, the University of Illinois and Willis Towers Watson.

Chris has represented companies at trial in a variety of complex matters, including antitrust litigation, consumer class actions, False Claims Act litigation, consumer protection, professional liability, product liability matters, securities litigation and trade secret litigation, among many others.

In addition, Chris has been recognized for his significant pro bono work. He received the Award for Excellence in Pro Bono Service from the Judges of the United States District Court for the Northern District of Illinois and has been nationally recognized for his work on gun safety litigation. Chris represented the City of Highland Park, Illinois in the successful defense of its assault weapons ban, one of the first decisions in the country upholding the rights of municipalities to protect its citizens from these weapons.

66584944-CDAF-43C9-93F6-F6003BD8DF65.thumb.jpeg.1c8cd3b770600e26889cbc86279542d7.jpeg

gunuser17 Member

gunuser17

Posted
Posted (edited)

The bottom line is that in big firms where a partner offers pro bono representation, some young associate is actually assigned the tasks done at the firm.  At most the partner reviews the final product just before filing in most instances.  If there has to be an argument in court, then the partner may actually appear. The firm just views it as getting experience for the young associate and, if they are unsuccessful, no client of the firm has been lost.  

Edited by gunuser17
mab22 Member

mab22

Posted
Posted
On 12/31/2022 at 8:18 AM, Tvandermyde said:

not a problem, my point is that this brief reads like a cut and paste from a first year para legal. Not the quality of work I would expect from a partner like that. the reply from "our" side was much better and called them to task for their miss representations

I think your absolutely right, and that brief looks like it could be a template/reference for other cases. I just know politics infects the legal process in Illinois and … the process becomes the punishment.

I wonder what recourse Naperville residents would have if the city council was talked into something by a slick attorney, who looses because they half arsed the case and didn’t really do their homework.


 

Flynn Member

Flynn

Posted
Posted
On 12/31/2022 at 8:57 AM, gunuser17 said:

The firm just views it as getting experience for the young associate and, if they are unsuccessful, no client of the firm has been lost.  

 

In addition to this, if the case gains media coverage or explodes and gets lot of publicity it's cheap advertising and can put the firm on the call list of paying customers, I saw this happen on an IP Trademark case, a little no-name law firm pro bono represented the small guy going against the big guy, and they actually prevailed, next thing you know that law firm spent the next few years doing speaking engagments and who knows how many clients they gained...

mab22 Member

mab22

Posted
Posted
On 12/31/2022 at 2:19 PM, Flynn said:

 

In addition to this, if the case gains media coverage or explodes and gets lot of publicity it's cheap advertising and can put the firm on the call list of paying customers, I saw this happen on an IP Trademark case, a little no-name law firm pro bono represented the small guy going against the big guy, and they actually prevailed, next thing you know that law firm spent the next few years doing speaking engagments and who knows how many clients they gained...


It’s https://www.perkinscoie.com/en/ does that ring any bells?
Hillary?
The dirty dossier?
 

steveTA84 Member

steveTA84

Posted
Posted
On 1/1/2023 at 9:24 PM, mab22 said:


It’s https://www.perkinscoie.com/en/ does that ring any bells?
Hillary?
The dirty dossier?
 

Yes, the DNC’s main law firm is defending the Naperville ordinance. There’s a web of these attorneys coordinating two that were caught via FOIA back in August and September 

https://www.mom-at-arms.com/post/plan-exposed-il-gun-grabbers-and-allied-villages-towns-and-their-awbs
 

https://www.mom-at-arms.com/post/more-foias-regarding-attorneys-plotting-gun-bans-in-il

Euler Member

Euler

Posted
  • Author
Posted

On November 28, the city filed a motion to dismiss for failure to state a claim.

 

On December 28, plaintiffs filed a motion to set a briefing schedule on the motion.

 

On January 4, the judge set a briefing schedule. Plaintiffs are to reply to the motion to dismiss by January 18. Defendants are to respond to the reply by January 25.

Upholder Member

Upholder

Posted
Posted

The judge has entered an order for a joint status report in light of HB5471

 

Quote

MINUTE entry before the Honorable Virginia M. Kendall. Parties are directed to file a Joint Status Report by 1/19/2023 regarding the the new Illinois Law and how it affects the case. Mailed notice (lk, ) (Entered: 01/11/2023)

 

Euler Member

Euler

Posted
  • Author
Posted

I expect this case, Goldman (Highland Park), and Viramontes (Cook County) to be ruled moot because of 5471.

 

The alternative is to combine them with whatever cases are brought against 5471. It'll be about timing.

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