7th Circuit Court of Appeals: McDonald lawyers will get paid.

ming · June 2, 2011, 11:58 AM

The lawyers for McDonald, et. al. v. City of Chicago will now be able to get their legal fees. It's a very nice read.

http://www.ca7.uscourts.gov/tmp/8E0PHS5R.pdf

Al Norris · June 2, 2011, 01:19 PM

Quote:

By the time defendants bowed to the inevitable, plaintiffs had in hand a judgment of the Supreme Court that gave them everything they needed. If a favorable decision of the Supreme Court does not count as “the necessary judicial imprimatur” on the plaintiffs’ position (Buckhannon, 532 U.S. at 605), what would?

The district court’s decision is reversed, and the cases are remanded for awards of reasonable attorneys’ fees under §1988.

Judge Easterbrook wrote this. Gotta love the smack-down, even from an anti-2A judge!!

Thanks ming. This made my day!

Bartholomew Roberts · June 2, 2011, 03:55 PM

Never had any doubts about the ultimate outcome; but wondered if it would happen soon enough for Alan Gura to enjoy it. Has he gotten paid for Heller yet or are they still fighting over that one as well?

**Aguila Blanca** · June 2, 2011, 05:03 PM

Quote:

A litigant that surrenders or settles after a judgment is not entitled to vacatur.

ZING!

Al Norris · June 2, 2011, 05:17 PM

Bart, D.C. is still arguing that Gura is asking too much. Not settled.

**Tom Servo** · June 3, 2011, 02:28 AM

Quote:

D.C. is still arguing that Gura is asking too much. Not settled.

The NRA doesn't work cheap, either. One wonders what the actual fees involved might be.

Al Norris · June 5, 2011, 09:38 PM

Just a bit of an update. It seems Chris Cox is putting his foot in the NRA mouth, so to speak, again. sigh. See this blog by John Richardsons No Lawyers - Only Guns And Money. The actual NRA-ILA alert is here.

Chris Cox (Executive Director of the NRA-ILA) is scared spitless of the SAF, in general, and Alan Gura in particular.

Before Parker, the NRA-ILA was attempting to position itself as the premiere 2A litigator. They already held the field as the biggest, toughest lobbyists on the Hill. Mr. Cox wanted much more. As the "heir apparent" to Wayne LaPierre, Mr. Cox wants and needs to create a secure legacy. He wants and needs the NRA to be THE 2A rights organization.

That dream was to come crashing down, when the Seegars case could not drag Parker in, as a related case (and thereby taking control of the young upstart attorney). That resulted in Seegars being dismissed as not having standing to sue (See Navegear).

When a favorable decision in Parker was handed down in the D.C. Circuit, Chris Cox, and the entire NRA hierarchy went into panic. Everyone knew that D.C. would appeal. With the (then) makeup of the Supreme Court, there was ample fear of bringing a pure 2A case to the Supreme Court. The facts of the matter are, that this fear was entirely justified. There is not one person alive who could say how C.J. Rehnquist would vote on a 2A case. Justice O'Connor has pretty much kept her feelings on the matter to herself. Yet many concede that she may well have went along with Justice Stevens interpretation.

Regardless, Mr. Cox's dream was further crushed when after the Parker decision but before cert was granted (renamed, Heller), the NRA-ILA nearly succeeded in lobbying the Congress to remove the offending laws from D.C. The effort failed when popular sentiment went totally against the NRA's efforts. Even its own membership was ready to revolt at this brazen attempt to scuttle the litigation, and Wayne LaPierre himself was affected by Chris' manipulations.

Fast forward to the gaffe of horning in on the McDonald orals. The NRA heard about that one for months. They lost some few memberships because of that. Fast forward (again) to the article by Chris Cox, wherein the NRA takes full credit for the McDonald victory. Again, the central offices heard about that and again, they lost memberships.

It appears to me that Chris Cox does not know the meaning of team play. That he is insecure in his own position and that of the NRA. That Wayne LaPierrre (for whatever reasons) has chosen not to reign in this maverick and is counting on the FUDS to carry them... And people like me, who are still members, despite my misgivings on the direction the NRA-ILA is going - I have no problems with what the NRA itself is doing, just the NRA-ILA and its leader, Chris Cox.

Bartholomew Roberts · June 6, 2011, 06:38 AM

See, I didn't even notice that since I just assumed the NRA would gracelessly claim much or all of the credit for their teamwork with SAF - which they've been doing since Katrina, if not before.

Which is one of the things I love about SAF, they don't complain a bit about it and seem genuinely interested in moving RKBA forward, even if they don't always get their fair share of the credit.

On the plus side, it IS nice to have Paul Clements on the team

June 2, 2011, 11:58 AM	#1
ming Member Join Date: July 26, 2009 Posts: 65	7th Circuit Court of Appeals: McDonald lawyers will get paid. The lawyers for McDonald, et. al. v. City of Chicago will now be able to get their legal fees. It's a very nice read. http://www.ca7.uscourts.gov/tmp/8E0PHS5R.pdf

June 2, 2011, 03:55 PM	#3
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	Never had any doubts about the ultimate outcome; but wondered if it would happen soon enough for Alan Gura to enjoy it. Has he gotten paid for Heller yet or are they still fighting over that one as well?

June 2, 2011, 05:17 PM	#5
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Bart, D.C. is still arguing that Gura is asking too much. Not settled.

June 5, 2011, 09:38 PM	#7
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Just a bit of an update. It seems Chris Cox is putting his foot in the NRA mouth, so to speak, again. sigh. See this blog by John Richardsons No Lawyers - Only Guns And Money. The actual NRA-ILA alert is here. Chris Cox (Executive Director of the NRA-ILA) is scared spitless of the SAF, in general, and Alan Gura in particular. Before Parker, the NRA-ILA was attempting to position itself as the premiere 2A litigator. They already held the field as the biggest, toughest lobbyists on the Hill. Mr. Cox wanted much more. As the "heir apparent" to Wayne LaPierre, Mr. Cox wants and needs to create a secure legacy. He wants and needs the NRA to be THE 2A rights organization. That dream was to come crashing down, when the Seegars case could not drag Parker in, as a related case (and thereby taking control of the young upstart attorney). That resulted in Seegars being dismissed as not having standing to sue (See Navegear). When a favorable decision in Parker was handed down in the D.C. Circuit, Chris Cox, and the entire NRA hierarchy went into panic. Everyone knew that D.C. would appeal. With the (then) makeup of the Supreme Court, there was ample fear of bringing a pure 2A case to the Supreme Court. The facts of the matter are, that this fear was entirely justified. There is not one person alive who could say how C.J. Rehnquist would vote on a 2A case. Justice O'Connor has pretty much kept her feelings on the matter to herself. Yet many concede that she may well have went along with Justice Stevens interpretation. Regardless, Mr. Cox's dream was further crushed when after the Parker decision but before cert was granted (renamed, Heller), the NRA-ILA nearly succeeded in lobbying the Congress to remove the offending laws from D.C. The effort failed when popular sentiment went totally against the NRA's efforts. Even its own membership was ready to revolt at this brazen attempt to scuttle the litigation, and Wayne LaPierre himself was affected by Chris' manipulations. Fast forward to the gaffe of horning in on the McDonald orals. The NRA heard about that one for months. They lost some few memberships because of that. Fast forward (again) to the article by Chris Cox, wherein the NRA takes full credit for the McDonald victory. Again, the central offices heard about that and again, they lost memberships. It appears to me that Chris Cox does not know the meaning of team play. That he is insecure in his own position and that of the NRA. That Wayne LaPierrre (for whatever reasons) has chosen not to reign in this maverick and is counting on the FUDS to carry them... And people like me, who are still members, despite my misgivings on the direction the NRA-ILA is going - I have no problems with what the NRA itself is doing, just the NRA-ILA and its leader, Chris Cox.

June 6, 2011, 06:38 AM	#8
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	See, I didn't even notice that since I just assumed the NRA would gracelessly claim much or all of the credit for their teamwork with SAF - which they've been doing since Katrina, if not before. Which is one of the things I love about SAF, they don't complain a bit about it and seem genuinely interested in moving RKBA forward, even if they don't always get their fair share of the credit. On the plus side, it IS nice to have Paul Clements on the team