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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #1  
Old 08-22-2013, 3:12 PM
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Default Teixeira v. Alameda (FFL Zoning)

Teixeira v. Alameda
Issue: FFL Zoning Restrictions

Current Status:
As of 12/11/2013 - Opening Brief at 9CA due 1/29/2014, Answer due 2/28/2014, Reply due 14 days after Answer.

10/23/2013 - Docketed with 9CA (Case No.: 13-17132); Briefs due: Opening 1/29/2014, Answer 2/28/2014, Reply 14 days after Answer.
10/21/2013 - Notice of Appeal filed with Trial Court.
9/23/2013 - Judgment for Defendants.
9/9/2013 - Motion to Dismiss granted with prejudice (order).
8/2/2013 - Reply iso MTD.
7/19/2013 - Response to MTD.
7/8/2013 - MTD reset for 9/4/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick.
5/28/2013 - Motion to Dismiss FAC.


Trial Court: N.D. Cal.
Case No.: 4:12-cv-03288
Docket: http://ia600408.us.archive.org/19/it...62.docket.html

Appellate Court: 9CA
Case No.: 13-17132
Docket: http://ia601900.us.archive.org/30/it...32.docket.html


Links:
Alameda County Zoning Ordinance: http://library.municode.com/HTML/164...1/TIT17ZO.html
Alameda County Land Use Planning Guides: http://www.acgov.org/cda/planning/ordinance/forms.htm
CGF Wiki for this case: (none)
CGF Wiki Litigation page: http://wiki.calgunsfoundation.org/Li...st_and_Present

Last edited by fizux; 12-11-2013 at 6:12 PM.. Reason: updates
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Old 09-05-2013, 6:19 PM
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Anyone in court yesterday?
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Old 09-09-2013, 8:56 PM
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Looks like another failure to get past the pleadings stage, congratulations Hokanson/CGF.
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Old 09-09-2013, 9:30 PM
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Link? Details?
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Old 09-10-2013, 8:37 AM
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This case is factually identical to Ezell and is headed for the 9th circuit where the anti-gun decision of the district court judge will either be overturned, or it will create a circuit split which will lead to Supreme Court review and a major 2A victory. Go CGF lit team!
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Old 09-10-2013, 9:19 AM
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Quote:
Originally Posted by Tincon View Post
Looks like another failure to get past the pleadings stage, congratulations Hokanson/CGF.
PERFECT, everything is going as planned then?
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  #7  
Old 09-10-2013, 9:33 AM
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Thanks FB,

Hope you are with Calguns, that is to say with the firearms sports people.
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Old 09-10-2013, 10:25 AM
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Originally Posted by FABIO GETS GOOSED!!! View Post
This case is factually identical to Ezell and is headed for the 9th circuit where the anti-gun decision of the district court judge will either be overturned, or it will create a circuit split which will lead to Supreme Court review and a major 2A victory. Go CGF lit team!
Go "Plan B"! I think I just figured out that what the B stands for.
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Old 09-16-2013, 2:57 PM
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Originally Posted by FABIO GETS GOOSED!!! View Post
This case is factually identical to Ezell and is headed for the 9th circuit where the anti-gun decision of the district court judge will either be overturned, or it will create a circuit split which will lead to Supreme Court review and a major 2A victory. Go CGF lit team!
I actually have a fact pattern in Kaui arguably better than Ezell that I can not do due to fiances. I am hopeful for the day that the promised moment arrives when both gun lobbies bring properly plead, financed and proof read cases to Hawaii.

Last edited by wolfwood; 09-16-2013 at 3:01 PM..
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Old 09-16-2013, 3:03 PM
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I actually have a fact pattern in Kaui arguably better than Ezell that I can not do due to fiances.
Thank your fiance(s) for me, I shudder to think of you filing another abortion like Baker.
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Old 09-16-2013, 3:20 PM
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Originally Posted by Tincon View Post
Thank your fiance(s) for me, I shudder to think of you filing another abortion like Baker.
Tincon find a single attorney that thinks the Ninth Circuit will find a rifle, shotgun and knife not protected by the second amendment when Heller explicitly notes that they are protected. I will win in Baker as to CCW and I will win in Young and possibly get remanded at the discretion of the Court. Please note no one has ever asked those truly hard questions either.
Trust me I am not done I just have something else in mind after Scalia explains what dangerous and unusual means that takes precedence. I want you to tell me how I lose. Please remember you originally took the position that there was no way a knife was protected by the Second Amendment despite it being listed in dicta as a arm. Perhaps it was your position that somehow a conclusion is identical to a prayer for relief. I have arguments tomorrow and will be back on appeal promptly to be honest.

I'd try to explain to you why a pro se litigant needed to be represented when his prayer for relief was ignored by a federal judge but I doubt you know or would even care about what that means for the state of our country when a article III judge think that will be left unchecked. What have you done for your country in your life. Anything or are you just a rich kid going to law school at UC Irvine who thinks he knows better than everyone else.

Btw here is my reply brief you can learn a little about weapons that way.b

http://michellawyers.com/wp-content/...y-Brief_37.pdf

Last edited by wolfwood; 09-16-2013 at 3:51 PM..
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  #12  
Old 09-16-2013, 3:22 PM
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Originally Posted by wolfwood View Post
I actually have a fact pattern in Kaui arguably better than Ezell that I can not do due to fiances. I am hopeful for the day that the promised moment arrives when both gun lobbies bring properly plead, financed and proof read cases to Hawaii.
Whats going on on Kauai (unless you mean a family "Kaui").
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Old 09-16-2013, 3:33 PM
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There are some issues with the training with rifles to my understanding. Its not that it is banned its just no one has the money for to have a business
Lanai obviously has no ranges. A few of the other small islands as wellb. Lanai is a interesting one since its all private land except for the small city it would be a case of a business (the hotel) acting as the government
I know its next to Maui but there were ranges outside of chicago. Remember you need the permit to acquire and range time to get it. Some of the other small islands are like that. The Big Island has some issues to because you have to join the NRA to go to the one private range.

Last edited by wolfwood; 09-16-2013 at 3:41 PM..
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Old 09-16-2013, 4:04 PM
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Come on Tincon I am waiting. How do I lose? I am not even going to attempt to explain to you what I did to get a supplemental brief. A few typos perhaps when rule 52a explicitly addresses that? You keep saying I will lose. I want to know how I lose. I politely ignored your mistaken belief regarding the impact of asking for a directed verdict and whether knives are protected by the Second Amendment. Do you have any other grounds to criticize my litigation.

Moreover the fact you counted Mr. Michel's regulatory cases as Second Amendment wins means you do not even know that these are two separate bodies of law. However before you raise please note this already accorded by motion and went very badly for that group. I gave you the docket review i

Last edited by wolfwood; 09-16-2013 at 5:32 PM..
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  #15  
Old 09-16-2013, 4:45 PM
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There are some issues with the training with rifles to my understanding. Its not that it is banned its just no one has the money for to have a business
Lanai obviously has no ranges. A few of the other small islands as wellb. Lanai is a interesting one since its all private land except for the small city it would be a case of a business (the hotel) acting as the government
I know its next to Maui but there were ranges outside of chicago. Remember you need the permit to acquire and range time to get it. Some of the other small islands are like that. The Big Island has some issues to because you have to join the NRA to go to the one private range.
I dont think Kauai has a range either. IIRC PMRF stopped civilian use of their range and I dont know of any others on the island - granted Ive been gone for a while but if you want I have some hunter friends that still live there that I can check with.
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Old 09-16-2013, 4:58 PM
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I dont think Kauai has a range either. IIRC PMRF stopped civilian use of their range and I dont know of any others on the island - granted Ive been gone for a while but if you want I have some hunter friends that still live there that I can check with.
that's who I heard it from but since I can't do anything about it right now I am not going into it to much. Don't worry the laws are going to be a lot different soon. My family can fly me out and let me stay with them but its just to much to do right now out of my pocket when I do this for free.

Last edited by wolfwood; 09-16-2013 at 5:00 PM..
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  #17  
Old 09-16-2013, 5:40 PM
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Damn, hit a nerve there? Tell you what, just so me this favor Gorski Beck, when you do lose, and you will, please just forget about whatever else you "have in mind".
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Old 09-16-2013, 5:51 PM
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So you have no argument at all and are resorting to insults. Great legal education you are receiving.
If you are at all familiar with the current state of litigation it appears we will win in Baker and simply due to the presence of some issuance in California Richard/Peruta will not win there case at the Ninth. While I agree with the assessment that is not even me saying it that is wildhawker.

Last edited by wolfwood; 09-16-2013 at 5:54 PM..
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Old 09-16-2013, 5:58 PM
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So you have no argument at all and are resorting to insults. Great legal education you are receiving.
If you are at all familiar with the current state of litigation it appears we will win in Baker and simply due to the presence of some issuance in California Richard/Peruta will not win there case at the Ninth. While I agree with the assessment that is not even me saying it that is wildhawker.
Yeah, a guy with another stellar track record.
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Old 03-18-2014, 7:39 AM
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Can someone upload the latest filing in the Teixeira appeal where CGF attorney HokeySon begs the 9th circuit not to dismiss the appeal because he filed the opening brief late, after receiving two prior extensions of time?


Will the 9th circuit give HokeySon a break because (1) he had the flu (2) at the last minute he realized he forgot to make certain legal arguments and (3) co-counsel uses a different word processing program?

Last edited by Kestryll; 03-18-2014 at 9:51 PM..
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  #21  
Old 03-18-2014, 11:01 AM
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Sigh. Some kids always wait until the last minute to do their papers.

Relying on the benevolence of the court seems a rather weak practice.
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Old 03-18-2014, 11:02 AM
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Fabio,

It's attached.
Attached Files
File Type: pdf Document(1).pdf (62.3 KB, 63 views)
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Old 03-18-2014, 11:13 AM
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Quote:
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Fabio,

It's attached.
lol. The title says it all doesn't it?

Quote:
APPELLANTS’ APPLICATION FOR RELIEF FROM
FAILURE TO TIMELY FILE OPENING BRIEF AND
DECLARATION OF CHARLES HOKANSON

Last edited by Kestryll; 03-18-2014 at 9:51 PM..
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Old 03-18-2014, 12:59 PM
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Ignore the stupidity of my original post. Would the Calguns foundation like to share their opening brief with the forum? XD
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Old 03-18-2014, 1:47 PM
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If the court believes that some penalty is necessary here, it should impose sanctions upon Mr. Hokanson.
Damn right.
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Old 03-18-2014, 1:47 PM
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lol. The title says it all doesn't it?
What kind of sanctions would they impose on Hokanson for this? Will it fly?

Last edited by Kestryll; 03-18-2014 at 9:52 PM..
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Old 03-18-2014, 2:16 PM
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What kind of sanctions would they impose on Hokanson for this?
Nothing. Unless they are sufficiently annoyed with his lame excuses lol.
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Old 03-18-2014, 7:17 PM
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For a while now I though FGG was being too hard on the Lawyers. But after seeing this late filing... WTF? Come on let's not lose our rights due to this nonsense.
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Old 03-18-2014, 8:02 PM
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For a while now I though FGG was being too hard on the Lawyers. But after seeing this late filing... WTF? Come on let's not lose our rights due to this nonsense.
It isn't the first one from this lawyer either....
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Old 03-18-2014, 8:36 PM
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For a while now I though FGG was being too hard on the Lawyers. But after seeing this late filing... WTF? Come on let's not lose our rights due to this nonsense.
Remember, it's the person(s) that hire the lawyer that are ultimately responsible for the attorney's actions. The responsibility to make sure that the attorney is meeting the required deadlines rests squarely on the party that hires and manages that attorney. While it is completely irresponsible and unprofessional for the attorney to miss deadlines, the person paying the bills should never just assume that their "employee" is doing the job right.
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Old 03-19-2014, 1:05 AM
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No its not. When you hire it is not on you to manage his work product. When he takes your money he has given his word as a man he will ethically defend you. If he does not do that then its on him and the ethic office.
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Old 03-19-2014, 7:33 AM
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One warning.

The next little dig or snarky comment WILL get you removed from the discussion.
Heed the warning or ignore it, the choice is yours.

K.

Last edited by Kestryll; 03-19-2014 at 10:01 AM..
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Old 03-19-2014, 9:54 AM
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No its not. When you hire it is not on you to manage his work product. When he takes your money he has given his word as a man he will ethically defend you. If he does not do that then its on him and the ethic office.
I agree that there is certainly a boat-load of responsible that rests on the attorney. However, in the non-attorney, "real world", the person in charge is responsible for the actions of his employees or contractors. For example, if I'm responsible to my company for delivering a new marketing website and I hire a company to do the work that fails miserably, I'm still the guy held accountable to my company. The situation in this litigation action isn't much different, in my point of view.
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Old 03-19-2014, 10:03 AM
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Any more digs, insults or snarky comments are going to result in a ban and loss of access to the entire 2A section upon return.

You have been warned.
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Old 03-19-2014, 10:30 AM
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One warning.

The next little dig or snarky comment WILL get you removed from the discussion.
Heed the warning or ignore it, the choice is yours.

K.
lol. No snark, just the facts to present a counter-argument to wolfwood's assertion that the client never bears any responsibility to ensure that filing deadlines are met:

1) CGF's attorney has a history of blowing filing deadlines.
A couple historical examples were provided months ago in this thread.

2) As noted in a calguns thread months ago, CGF's attorney failed to pay his bar dues on time and was suspended from the practice of law because of it. Click here.

3) CGF's attorney recently blew a filing deadline in a CGF-sponsored case, SF v 44mag. Click here. Curiously, two motions that were calendared to be filed by the end of 2013 in that case have not yet appeared on the docket, but I won't speculate about why.

4) hoffmang, who is a $750 an hour litigation consultant (no snark, just taking his word for it), reads calguns.net and presumably is aware of all of the above. He has been managing litigation for 19 years, is presumably involved in managing SF v 44 Mag and the Teixeira appeal, and in the retention of HokeySon to prosecute these cases.

In light of all of the above non-snarky facts, I believe the sophisticated client in question had ample and fair warning of its attorney's chronic late-filing problem and definitely shares responsibility for the late filing of the opening brief in the Teixeira appeal.
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  #36  
Old 03-19-2014, 10:37 AM
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Kestryll Kestryll is offline
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Quote:
Originally Posted by FABIO GETS GOOSED!!! View Post
lol. No snark, just the facts to present a counter-argument to wolfwood's assertion that the client never bears any responsibility to ensure that filing deadlines are met:

1) CGF's attorney has a history of blowing filing deadlines.
A couple historical examples were provided months ago in this thread.

2) As noted in a calguns thread months ago, CGF's attorney failed to pay his bar dues on time and was suspended from the practice of law because of it. Click here.

3) CGF's attorney recently blew a filing deadline in a CGF-sponsored case, SF v 44mag. Click here. Curiously, two motions that were calendared to be filed by the end of 2013 in that case have not yet appeared on the docket, but I won't speculate about why.

4) hoffmang, who is a $750 an hour litigation consultant (no snark, just taking his word for it), reads calguns.net and presumably is aware of all of the above. He has been managing litigation for 19 years, is presumably involved in managing SF v 44 Mag and the Teixeira appeal, and in the retention of HokeySon to prosecute these cases.

In light of all of the above non-snarky facts, I believe the sophisticated client in question had ample and fair warning of its attorney's chronic late-filing problem and definitely shares responsibility for the late filing of the opening brief in the Teixeira appeal.

See, look, you CAN do it without all the little cutesy smiley faces and digs!

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  #37  
Old 03-19-2014, 10:46 AM
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FABIO GETS GOOSED!!! FABIO GETS GOOSED!!! is offline
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it's so boring doing it that way lol.
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Old 03-19-2014, 11:25 AM
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Originally Posted by FABIO GETS GOOSED!!! View Post
it's so boring doing it that way lol.
A-HA! A rabble of rousers you are!
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Old 03-19-2014, 11:33 AM
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wolfwood wolfwood is offline
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Quote:
Originally Posted by FABIO GETS GOOSED!!! View Post
lol. No snark, just the facts to present a counter-argument to wolfwood's assertion that the client never bears any responsibility to ensure that filing deadlines are met:

1) CGF's attorney has a history of blowing filing deadlines.
A couple historical examples were provided months ago in this thread.

2) As noted in a calguns thread months ago, CGF's attorney failed to pay his bar dues on time and was suspended from the practice of law because of it. Click here.

3) CGF's attorney recently blew a filing deadline in a CGF-sponsored case, SF v 44mag. Click here. Curiously, two motions that were calendared to be filed by the end of 2013 in that case have not yet appeared on the docket, but I won't speculate about why.

4) hoffmang, who is a $750 an hour litigation consultant (no snark, just taking his word for it), reads calguns.net and presumably is aware of all of the above. He has been managing litigation for 19 years, is presumably involved in managing SF v 44 Mag and the Teixeira appeal, and in the retention of HokeySon to prosecute these cases.

In light of all of the above non-snarky facts, I believe the sophisticated client in question had ample and fair warning of its attorney's chronic late-filing problem and definitely shares responsibility for the late filing of the opening brief in the Teixeira appeal.
In the very small world of planned special interest litigation you may have a small point. However normal people have jobs, families and are not familiar with the law. I don't like reading blanket statements that a client is responsible for his attorney's conduct.
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  #40  
Old 03-20-2014, 10:59 AM
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FABIO GETS GOOSED!!! FABIO GETS GOOSED!!! is offline
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Big win today in Teixeira...the court ordered the clerk to file the late opening brief!
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