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« Update on Akins Accelerator | Main | New gun blog »

Heller team reply on motion for attorneys' fees

Posted by David Hardy · 13 October 2008 05:06 PM

Here, in pdf. As might be expected, it is well-written and merciless. In trying to hold the award down, DC apparently argued that it was a perfectly ordinary appeal, so Gura takes all their requests for extensions of time, which universally claimed that it was unbelievably complex, and sticks it in their craw. It ends with

"Defendants’ accusations of “windfall” are wholly unjustified, factually and legally.

Public interest law does not create great wealth, and this case would be no exception. Awarding
the full amount of the fee request will not bring Plaintiff’s counsels’ profits per partner anywhere
near the levels routinely enjoyed by Defendants’ attorneys. When public interest lawyers who
have risked significant amounts of their time and money vindicating a dormant civil right seek
fair compensation after years of being paid nothing, charges of avarice are inappropriate and not
well-taken."

Hat tip to Joe Olson....

· Parker v. DC

12 Comments | Leave a comment

Don Hamrick | October 13, 2008 7:34 PM | Reply

Can an unrepesented civil plaintiff file for attorney's fees in a Second Amendment case of 6 years and running if he wins?

Zachary Mead | October 13, 2008 8:34 PM | Reply

Oh, that was awesome. Thanks for the scathing read. These guys are like superheros to me.

RKV | October 14, 2008 6:51 AM | Reply

"Some of Defendants’ assertions, particularly their theory of how rates are to be determined, are barred by circuit precedent. Others are barred by
Defendants’ previous litigating positions. And the rest are simply wrong."

Damn Alan, don't hold back. Tell us how you really feel.

Assman | October 14, 2008 7:34 AM | Reply

Don: "Can an unrepesented civil plaintiff file for attorney's fees in a Second Amendment case of 6 years and running if he wins?"

No. Generally, pro se plaintiffs cannot recover attorney's fees, because, well, they did not hire an attorney. Even attorneys who represent themselves are not entitled to attorney's fees.

Carl in Chicago | October 14, 2008 7:36 AM | Reply

I just love Gura's style! I am so very glad he's taken up second amendment litigation. I particularly liked the passage posted above by RKV.

But just get a load of a few of Gura's statements:

"It cannot be said more plaintly: Defendants' new position, with respect to the supposed simplicity of this case and the extreme attack on the number of hours worked by Plaintiff's counsel, is dishonest."

"For example, there should be no mystery who "G. St Lawrence" is - she is a plaintiff in this case. ... But after six years of this case, Defendants should know who Gillian St. Lawrence, Carl Bogus, and Wayne LaPierre are."

"Simply put, in their heedless bid to slash Plaintiff's counsel's time any which way they can, Defendants invoke any argument that comes to mind, no matter how self-contradictory, how divorced from the reality of real-world legal billing practices, and without necessary, concrete examples or concern for duplication.

anon | October 14, 2008 8:14 AM | Reply

As someone who has been paying DC's exorbitant (8.5%) income taxes for 4 1/2 years... this is the first time with the potential for me to feel good about where my money is going. Thank You Gura, Levy, Neily, et al. I'd like to think that ALL of my tax payment is going to you guys.

RKV | October 14, 2008 8:19 AM | Reply

Carl, or others who know more about billing matters, is there any way the court can spank DC? For instance, can they up the fee award to Gura over the request? It'd be classic to watch the fallout from that.

Mainsail (Chris) | October 14, 2008 8:55 AM | Reply

Does anyone have a usable site to download the .pdf? Blogspot does not come through the .mil firewall.

Tom Gunn | October 14, 2008 9:49 AM | Reply

Here's a link from the legal times for the pdf.

http://legaltimes.typepad.com/blt/files/hellerGura.pdf

Here's a link to the Wall Street Journal article from whence the above link issues.

http://blogs.wsj.com/law/2008/10/14/defending-36-million-fee-for-heller-case-gura-returns-dcs-fire/

mr gunn

Gregg | October 14, 2008 1:33 PM | Reply

RKV,
The problem is that the nimrods who are causing the problem will not be directly punished by doing so. By upping the cost to DC it comes out of the districts pocketbook. Force the obstructionist jerks to cough up some of the cash from their own pockets if you want the behaviour to change.

DirtCrashr | October 14, 2008 3:18 PM | Reply

It's a beautiful thing! Upping the costs to DC taxpayers should get them fired - that would be in the best interest of everybody.

Andy Freeman | October 14, 2008 6:38 PM | Reply

> Can an unrepesented civil plaintiff file for attorney's fees in a Second Amendment case of 6 years and running if he wins?

Since Hamrick is effectively working for Brady and Joyce, perhaps he should ask them for money.

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