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View Full Version : Chicago handed another defeat in McDonald


HowardW56
06-02-2011, 11:41 AM
In Gun Case Fee Dispute, Court Rules Against Chicago

Updated 12:13 p.m.
When the U.S. Supreme Court ruled against Chicago's handgun ban last June, civil rights attorney Alan Gura considered himself a winner in the landmark case.
Judge Milton Shadur of Chicago federal district court, however, did not see a victory at all. Shadur ruled against Gura's demand for legal fees.

Complete article at: http://legaltimes.typepad.com/blt/2011/06/in-gun-case-fee-dispute-court-rules-against-chicago-.html

eaglemike
06-02-2011, 11:43 AM
YES!

Cha-ching! :43:

stix213
06-02-2011, 11:48 AM
Keep fighting it Chicago! You're just racking up more Gura work hours :p

GOEX FFF
06-02-2011, 11:49 AM
GO GURA!!!!! It's getting REAL expensive for Chicago and their unconsititutional agenda. Now Gura needs to come to CA to take more of their money for the same reasons.

:wub::gura::wub:

:clap: :grouphug:

bwiese
06-02-2011, 11:53 AM
Ok, let's pick the color of his new Ferrari...

BTW, note the NRA won on fee issues too - and will be getting money from Chicago!

Back to DC to await DC's payment. ;)

Nick Justice
06-02-2011, 11:55 AM
GO GURA!!!!! It's getting REAL expenisive for Chicago and their unconsititutional agenda. Now Gura needs to come to CA to take more of their money for the same reasons.

:wub::gura::wub:

:clap: :grouphug:

YES!!! Absolutely!!!

Barbarossa
06-02-2011, 11:56 AM
Awesome!

oldsmoboat
06-02-2011, 11:56 AM
"Shadur ruled against Gura's demand for legal fees."

"I am like :confused:

Baconator
06-02-2011, 11:58 AM
"Shadur ruled against Gura's demand for legal fees."

"I am like :confused:

Me too. Makes it sound like he didn't get legal fee's.

Monte
06-02-2011, 12:00 PM
Score!

command_liner
06-02-2011, 12:01 PM
Chicago will take the same approach as DC.
Delay, obfuscate, prevaricate, delay, delay, delay, and delay.

Bhobbs
06-02-2011, 12:02 PM
Me too. Makes it sound like he didn't get legal fee's.

A panel overturned that judge's ruling not to pay him.

bohoki
06-02-2011, 12:04 PM
one court ruled no soup for you the other says give him the soup
it isnt over yet

bwiese
06-02-2011, 12:05 PM
Chicago will take the same approach as DC.
Delay, obfuscate, prevaricate, delay, delay, delay, and delay.

Note the difference btwn DC & Chicago...

....DC appears not to be arguing about whether or not to pay Gura's fees, but is rather arguing that DC v. Heller win was not a 'complex' enough case to merit the elevated fees. The difference is $750K vs. $3.3 Mil.

radioburning
06-02-2011, 12:12 PM
When will these fools learn?:confused:

dustoff31
06-02-2011, 12:17 PM
When will these fools learn?:confused:

As long as they are only spending taxpayers money, probably never.

If it was their own money, they would get a lot smarter, a lot faster.

CCWFacts
06-02-2011, 1:39 PM
When will these fools learn?:confused:

For Chicago's politicians, it's totally irrelevant how much they pay. They are happy that:


They get to tell their constituents that they did everything they could to fight against the evil gun-toting conservative white people
Their attorneys (the defense attorneys) got to rack up a lot of hours. I'm sure Chicago's leadership picked their friends. Who cares what Gura got so long as their friends also got a couple million? They don't care how much taxpayer money they spend; they care about how much of it their friends get to keep.

Wernher von Browning
06-02-2011, 1:41 PM
Who is Judge Milton Shadur?

Well, here's one little piece of data.
http://www.huffingtonpost.com/2009/02/26/vrdolyak-sentenced-to-pro_n_170347.html

CHICAGO - Former Chicago political leader Edward Vrdolyak (ver-DOHL'-yak) was fined $50,000 and placed on five years' probation Thursday for arranging a payoff in a real estate deal.

The 71-year-old Vrdolyak had pleaded guilty to taking part in the scheme.

U.S. District Judge Milton Shadur said during the sentencing hearing that he'd received more than 50 letters from supporters of the former Chicago alderman and Democratic Party leader.
...
The case stemmed from the government's investigation of corruption in the administration of former Gov. Rod Blagojevich...

Shadur is one of the Old Boys in the Network.

But, Gura is not the first time Shadur has been reversed.
http://articles.chicagobreakingnews.com/2010-01-29/news/28528526_1_edward-vrdolyak-stuart-levine-chicago-ald

Saying the sentencing of former Chicago Ald. Edward Vrdolyak to probation for fraud involved "egregious error," the 7th Circuit U.S. Court of Appeals on Friday reversed the judge who made the controversial decision and took the case away from him.

A three-judge panel voted 2-1 to reverse the sentence handed down last February by U.S. District Judge Milton Shadur, a development that could mean Vrdolyak, 71, winds up serving a prison sentence for his role in a rigged Gold Coast real estate deal.

R1K
06-02-2011, 1:43 PM
nice.

uyoga
06-02-2011, 1:46 PM
It appears judge Shadur's legal thinking is tempered by a biased agenda.

RobG
06-02-2011, 1:50 PM
Booo Yaaaa!:gura:

vantec08
06-02-2011, 1:52 PM
Chicago will take the same approach as DC.
Delay, obfuscate, prevaricate, delay, delay, delay, and delay.

At this point, it seems obvious that Gura (and CalGuns and NRA) could prosecute for Conspiracy to Violate Civil Rights.

glockman19
06-02-2011, 1:55 PM
Ok, let's pick the color of his new Ferrari...
BTW, note the NRA won on fee issues too - and will be getting money from Chicago!

Back to DC to await DC's payment. ;)

Red? Gold? Evil Black?
:D

choprzrul
06-02-2011, 1:58 PM
At this point, it seems obvious that Gura (and CalGuns and NRA) could prosecute for Conspiracy to Violate Civil Rights.

Care to expand on this for me? I would like to know more.

.

Luieburger
06-02-2011, 2:08 PM
Ok, let's pick the color of his new Ferrari...


Ferrari? I was thinking more like...

http://eightzero.files.wordpress.com/2011/05/steamroller3.jpg

The Member's Council could use it as our float in the Morgan Hill 4th of July parade.

:D

rasmus
06-02-2011, 2:28 PM
Beautiful

Dreaded Claymore
06-02-2011, 3:02 PM
Care to expand on this for me? I would like to know more.

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000241----000-.html

Conspiring to prevent someone from, or punish someone for, exercising their rights is a felony.

753X0
06-02-2011, 3:03 PM
Red? Gold? Evil Black?
:D

"Gunmetal Grey", says I....

Munk
06-02-2011, 3:12 PM
"Gunmetal Grey", says I....

I'd go with: Mirror polished Blued. Not exactly durable: But man oh man would it SHINE.

vantec08
06-02-2011, 3:29 PM
Care to expand on this for me? I would like to know more.

.

I would like to know more also. It is obvious that some levels of government, including local - state - and fed, consistently, continually, and directly misquote COTUS and the clear intent of the Bill of Rights (Chicago, DC, CA). Its not a once-in-a-while interpretive disagreement. Therefore, it is a clear pattern of obfuscation and deceit and INFRINGE. Talked to a legal eagle aquaintance, he says the prosecution would have to prove, similar to RICO, that the gubmint officials involved met, discussed, and deliberately planned to circumvent the Bill of Rights. And thats the rub . .. what was their "intent." But it seems to me that "intent" becomes obvious, or what he calls Prima Faciae, after appeal and SCOTUS ***** slaps. He went on to describe the levels of proof needed (civil vs criminal) etc., and said the officials involved could possibly use a defense of claiming concern for the chirrens, the kelp, or the spotted buggerbeast. I explained to him that there needs to be a price put on what these "officials" do. His response? good luck.

1911_sfca
06-02-2011, 3:30 PM
“The district court was right to observe that plaintiffs did not receive a favorable judgment from it,” Easterbrook said today. “But they did better: They won in the Supreme Court, which entered a judgment in their favor.”

THWACK!

I love it when the court takes a verbal sap to inane anti arguments. Especially when they're coming from a district court judge!

RRangel
06-02-2011, 3:49 PM
When will these fools learn?:confused:

In truth, as long as they are not held accountable.

yellowfin
06-02-2011, 4:31 PM
I'm really surprised Posner and Easterbrook actually did the right thing for once. Those two are as crooked as stacks in lumberyard after a hurricane.

trevilli
06-02-2011, 4:40 PM
Let's just rename Chicago to Guraville :rolleyes:

sfbadger
06-02-2011, 4:45 PM
Ol' Milt sounds like a bit of a douche-bag! :shifty:

five.five-six
06-02-2011, 4:49 PM
"Gunmetal Grey", says I....

manganese phosphate

Wherryj
06-02-2011, 4:55 PM
YES!

Cha-ching! :43:

Too bad it won't be the politicians responsible who actually pay the bill. Oh, well, I guess that is what you deserve when you, the voter, repeatedly refuse to take out the trash.

Uriah02
06-02-2011, 5:17 PM
I would feel sorry for the tax payers having to fund this debacle but... they keep re-electing these stooges who cost them money.

G60
06-02-2011, 6:32 PM
Ferrari? I was thinking more like...

http://eightzero.files.wordpress.com/2011/05/steamroller3.jpg

The Member's Council could use it as our float in the Morgan Hill 4th of July parade.

:D

I'm sure Gura would get a kick out of something like this as well :D ;)
http://www.thehockeynews.com/imgs/dynamique/photos/original/article_27587_1.jpg

jpigeon
06-02-2011, 6:53 PM
I need to take the BAR. I am in the wrong business...

707electrician
06-02-2011, 7:07 PM
Awesome. When is the California smackdown?

Wernher von Browning
06-02-2011, 7:17 PM
I would feel sorry for the tax payers having to fund this debacle but... they keep re-electing these stooges who cost them money.

It's questionable who actually votes for anybody in Chicago. Election winners just "happen." (See for example Rahm Emanuel).

SoCal Bob
06-02-2011, 7:19 PM
Awesome. When is the California smackdown?

:twoweeks:

707electrician
06-02-2011, 7:33 PM
:twoweeks:

SHould have seen that coming:D

Mulay El Raisuli
06-03-2011, 4:37 AM
Ok, let's pick the color of his new Ferrari...

BTW, note the NRA won on fee issues too - and will be getting money from Chicago!

Back to DC to await DC's payment. ;)


Gunmetal blue?


The Raisuli

Funtimes
06-03-2011, 5:05 AM
I bet this will go on for ages; I could imagine this getting stayed pending the DC fee's opinion....

RomanDad
06-03-2011, 5:27 AM
Ok, let's pick the color of his new Ferrari...



Life is too short to drive a Ferrari.

http://i5.photobucket.com/albums/y154/MovieLawyer/51de047ca1797fd9c39f97e50b03d050.jpg

OleCuss
06-03-2011, 5:45 AM
I think the celebration is just a bit much at this time.

So far as I can tell, the Appeals court slapped Shadur around (the cause for celebration) but then told the obviously unreasonable Shadur to award "reasonable" fees.

I doubt Shadur will adopt my idea of what "reasonable" fees would look like.

I would expect, BTW, the resolution of the Heller fee dispute to be persuasive. Unfortunately, I don't think it likely to be persuasive in a pleasing fashion.

I think that whatever comes out of Heller, Shadur will say that the Heller and McDonald cases were so similar that the complexity of presenting McDonald was just not all that great and the fees for presenting McDonald should be correspondingly lower.

So you'll get Gura and the NRA splitting a smaller pot than will be available in Heller.

That's the pessimistic view.

But I'd say that it was rewarding seeing the circuit rule in a manner which fairly dripped with contempt for the district ruling.

Mulay El Raisuli
06-04-2011, 6:38 AM
I think the celebration is just a bit much at this time.

So far as I can tell, the Appeals court slapped Shadur around (the cause for celebration) but then told the obviously unreasonable Shadur to award "reasonable" fees.

I doubt Shadur will adopt my idea of what "reasonable" fees would look like.

I would expect, BTW, the resolution of the Heller fee dispute to be persuasive. Unfortunately, I don't think it likely to be persuasive in a pleasing fashion.

I think that whatever comes out of Heller, Shadur will say that the Heller and McDonald cases were so similar that the complexity of presenting McDonald was just not all that great and the fees for presenting McDonald should be correspondingly lower.

So you'll get Gura and the NRA splitting a smaller pot than will be available in Heller.

That's the pessimistic view.

But I'd say that it was rewarding seeing the circuit rule in a manner which fairly dripped with contempt for the district ruling.


All possible. But, there is something else to consider. When (not if) Gura wins his (huge to still kinda big) check, that will put all the gun grabbers on notice that fighting this losing battle has consequences. True, the money doesn't have to come out their own personal checking accounts, but in this day of tight budgets, losing money stupidly ain't likely to play well with the voters.


The Raisuli

sfbadger
06-04-2011, 8:58 AM
All possible. But, there is something else to consider. When (not if) Gura wins his (huge to still kinda big) check, that will put all the gun grabbers on notice that fighting this losing battle has consequences. True, the money doesn't have to come out their own personal checking accounts, but in this day of tight budgets, losing money stupidly ain't likely to play well with the voters.
The Raisuli

While that sounds like good common sense, the truth is that unless someone in the media points it out, the general public rarely finds out about such losses or cares!

Mulay El Raisuli
06-06-2011, 5:59 AM
While that sounds like good common sense, the truth is that unless someone in the media points it out, the general public rarely finds out about such losses or cares!


Then someone (that would be us) will have to allocate some time to let the general public in on the secret.

Which shouldn't be all that tough. After all, we blab a bunch anyway, right?


The Raisuli

nicki
06-06-2011, 10:37 AM
Both of those cities had legal teams which were paid or who donated their time.

IMHO, Alan Gura fees should match at the minimum the fees the LOSING ATTORNIES would have charged. I assume the cities paid something.

Nicki