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: Of Arms and the Law
Win on attorneys' fees in Chicago case
7th Circuit ruling
here. After losing in the Supreme Court, and before the case came back down to the trial court so it could enter judgment, the defendant cities changed their handgun bans, and the trial court dismissed the case as moot. It then ruled in the NRA case that there were no "prevailing parties" to recover fees, since the only final judgment was a dismissal.
The Seventh Circuit reverses this. As the court asks, "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?"
Full post as published by Of Arms and the Law on June 02, 2011 ( boomark
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