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Chicago handed another defeat in McDonald
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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.CGN's token life-long teetotaling vegetarian. Don't consider anything I post as advice or as anything more than opinion (if even that).Comment
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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"Ignorance is a steep hill with perilous rocks at the bottom"
WTB: 9mm cylinder for Taurus Mod. 85Comment
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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 RaisuliComment
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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"Ignorance is a steep hill with perilous rocks at the bottom"
WTB: 9mm cylinder for Taurus Mod. 85Comment
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Chicago and Washington DC.
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.
NickiComment
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