Important Court Ruling

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shortwave

New member
Thanks for the post kraigwy.

Although a million dollars is sooo menial for the history of abuse to the people and their 2nd Amend rights in places such as Washington, city's in New York,etc., at least it's something.

Can this decision be appealed?
 
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Patriot86

New member
More taxpayer money down the drain, if DC ever pays up which they will no doubt drag their feet on to no end.

None the less yet a further victory in a fight against gun grabbers, hopefully this will make municipalities with already tight budgets think twice before they institute frivolous unconstitutional restrictions on the second amendment.
 
C

C0untZer0

Moderator
I hope Lisa Madigan is listening...

Illinois is already broke, I wonder how much of my tax bill will go to pay David Jensen?
 
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Al Norris

Moderator Emeritus
Here's the decision: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2003cv0213-86 It's 65 pages of the Judge mostly agreeing with D.C.

After almost 22 pages of discourse on what the opposing counsel wants as rates, the court makes this statement:

Having carefully considered the parties’ arguments, the Court concludes that plaintiff has failed to provide the Court with sufficient evidence to support the extraordinary rates of $589/hour and $361/hour.
Click to expand...

This sets the tone for what follows.

The court then proceeds to use the lowest rates (USAO Laffey) and awards Mr. Gura, Mr. Neily, Mr. Levy, Mr. Healy, Ms. Possessky a rate of $420/hr and awards Mr. Huff a rate of $275/hr. The court then opines that because Mr. Levy was not a practiced litigator, the court further reduced his fee by 25%, to $315/hr.

Now comes the matter of billable hours. Claimed by the plaintifs:
  • Mr. Gura: 1661 hrs.
  • Mr. Neily: 808.3 hrs.
  • Mr. Levy: 595.6 hrs.
  • Mr. Huff: 153.6 hrs.
  • Mr. Healy: 33.7 hrs.
  • Ms. Possessky: 18 hrs.
The court then reduces the hrs. of Neily, Levy and Healy by 10% as inaccurate or overbilling.

The court then reduces Mr. Levy's hrs by a further 25% for vague and inadequate descriptions of the preferred entries.

The court then strikes certain events/entries in plaintiffs billing as being non-compensable items. This amounts to 7.9 hrs not allowed.

The court then strikes 102.8 hrs from plaintiffs attorneys for time spent on the cross-petition to include the rest of the Parker plaintiffs. The court concludes that this was fractionable from the Heller litigation and not necessary for Heller's victory (Gura: 56.3 hrs; Neily: 27.3 hrs; Levy: 19.2 hrs).

So we end up with the following:
  • Alan Gura: 1577.2 hours x $420/hour = $662,424.00
  • Clark Neily: 700.2 hours x $420/hour = $294,084.00
  • Robert Levy: 320.7 hours x $315/hour = $101,020.50; and 77 hours x $157.50/hour = $12,127.50
  • Thomas Huff: 153.6 hours x $275/hour = $42,240.00
  • Gene Healy: 30.3 hours x $420/hour = $12,726.00
  • Laura Possessky: 18 hours x $420/hour = $7,560.00
For a total of $1,132,182.00 in attorney fees. Mr. Levy was also awarded $4,890.27 for reasonable expenses.

The Judge then declined any other enhancements, basically saying that the case was normal and not extraordinary in any way.

At this point, D.C. owes the money and it can now be charged legal interest (7.5% = .625% per month = ~$7K per month compounded) for every month that goes by without payment.
 
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Aguila Blanca

Staff
Happy New Year!

This is a great way to end one year and usher in a new one. I hope other jurisdictions who can't read the plain English of Heller and MacDonald will pay heed.
 
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lefteye

New member
Other than being the most thorough, accurate and logical consideration, analysis, interpretation and application of the Second Amendment in the history of the only(?) nation which has such a law, Heller was not uncommon or extraordinary in any way. :mad:
 
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Patriot86

New member
Illinois is almost as bad as California, last time I checked CPS(Chicago public schools) takes on average over a year to pay for certain things. In my line of work we simply refuse to directly deal with CPS, Financing them for a year plus for free. The CDB (Capitol Development Board) is almost as bad, bottom line we're broke! I just hope the broke-ness keeps states like Illinois from fighting losing legal battles and instead leads to compromise and the passage of good pro 2a legislation.
 
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Bartholomew Roberts

Moderator
That's a pretty stiff reduction. I know attorneys who are three years out of law school making as much as Mr. Huff and Mr. Levy just got paid for litigating a major constitutional issue from district court all the way to the Supreme Court.

Based on this 2010 study, the average billing rate for attorneys in D. C. is $600/hr for partners (Gura & Possessky) and $375/hr for associates. So Gura made about $180 per hour less than the average D.C. lawyer for his effort - and had to wait 3 years (after 7 years of litigation) to even get that.

The major plus is there aren't too many places where you can get 7.25% interest right now. If I were Gura, I'd be hoping the city took its sweet time paying that.
 
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Al Norris

Moderator Emeritus
This Judge got kicked in the teeth when he dismissed the suit and the D.C. Circuit overruled him. He got kicked again at the Supreme Court. This is his "pound of flesh."
 
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ltc444

New member
I wish public officials who write these ridiculous laws could be held personnally liable for the cost that have been incurred.
 
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MTT TL

New member
This Judge got kicked in the teeth when he dismissed the suit and the D.C. Circuit overruled him. He got kicked again at the Supreme Court. This is his "pound of flesh."
Click to expand...

Judges are supposed to be above petty revenge. I guess not.

:rolleyes:
 
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Webleymkv

New member
I wonder if Gura et. al. can appeal this decision in order to try for full compensation for their expenses and fees?
 
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