Ny lawyer filing class action-need petition signees asap

[PaidTriot]

Send Cuomo this too:

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[golocx4]

Was just informed - He is filing the suit tomorrow.

 

[Berta]

My parents live upstate NY and I have passed this on to them.

 

[PaidTriot]

I wrote this guy. Never heard back. Is this just a anti gun email list?

 

[2Awarrior]

Was just informed - He is filing the suit tomorrow.

Nice. Say a prayer, but remember how Conan the Barbarian put it -

Wizard: The gods are pleased with you, they will watch today's battle.
Conan: Will they help us?
Wizard: (Chuckles, shakes his head) No.
Conan: Then tell them to stay out of the way.

 

[CharlesMorrison]

First of all the SAF is looking into this - the Buffalo Atty - etc
Sounds a little arrogant to me.

I agree! It's like, "the big boys are here now. We don't need the "children" to go and muck things up!"

 

[VERDAD Investigations]

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First Law Suit Filed

 

[VERDAD Investigations]

Buffalo News 2/9/13-Attorney General asks for adjournment till April

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[2Awarrior]

So is this in any way related to the petition we signed for Tresmond?
Feels like I'm missing something as usual...

 

[nogods]

He filed a lawsuit on behalf of two people claiming that the law violates the 5th and 14th (not the 2A) because it prohibits use of an 870 with 10 or 12 minishells. Seriously, is that what you got all exited about?

 

[2Awarrior]

It sure isn't.....WTF??

 

[golocx4]

There was supposed to be a hearing yesterday but the State asked for an extension.
The next hearing will be April 25th.

 

[titaniumman]

Mr. Tresmonds associate, who I also believe to be his son...Max, posted on another NY specific forum that there was to be a MAJOR announcement later TODAY. Max is a registered member of this other forum and has a thread ongoing, where he and other Lawyers involved, have even taken their time and done "live" Q&A, where forum members could ask him whatever was on their minds regarding the current situation. He was fielding questions last night PAST 11:00p.m. I want to say Thank You... to James and Max and all the other people working for us to defend this ATTACK on our right.

 

[golocx4]

This is huge for new york breaking news

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State Supreme Court wants NYS to show good cause that gun law is constitutional
By NEWSChannel 2 Staff
Story Created: Feb 27, 2013 at 5:18 PM EST
Story Updated: Feb 27, 2013 at 5:18 PM EST
BUFFALO, N.Y. (WKTV) - The Buffalo-based attorney who is spear-heading a lawsuit against Governor Andrew Cuomo's recent gun laws said that Wednesday was "monumental," as a State Supreme Court Justice issued an order requiring New York State to show good cause that the law is constitutional.

New York State has until April 29 to respond or else an injunction will be issued.

On Thursday, thousands are expected in Albany to rally against the Governor's gun laws. Many are looking to preserve local jobs at places such as Remington Arms, while others say they are just citizens who feel that their Second Amendments are being infringed upon.

 

[nogods]

It isn't quite what it is claimed to be. An order to show cause is just a procedural means of accelerating the matter.

One can start a case by service of a summons and complaint, or instead, request an order to show cause. Although an order to show cause reads "to appear and show cause why [plaintiff should not have the relief requested]", the defendant usually just files an answer denying the plaintiff's claims which is sufficient to "show cause why...." and then case moves on to litigation.

The show cause order procedure is usually used when the plaintiff seeks some interim relief, such as a temporary restraining order (which applies between the time of the filing of the case and the return date of the show cause order), or a preliminary injunction (which applies between the date of the show cause hearing and the final determination of the case) or permanent injunction (which applies when judgment is render.)

I'm guessing he asked for a temporary injunction and it was denied, otherwise we surely would have heard about it.

 

[AC Orange]

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A Court order from a Supreme Court Justice is a powerful item. I believe there is now a burden on the State to show Constitutionality why an injunction should not be entered.

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[nogods]

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A Court order from a Supreme Court Justice is a powerful item. I believe there is now a burden on the State to show Constitutionality why an injunction should not be entered.

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Your belief would be incorrect. The New York Supreme Court is the lowest court with statewide jurisdiction. It is the trial level of New York Courts. An order to show cause does not shift the burden of proof.

 

[AC Orange]

Your belief would be incorrect. The New York Supreme Court is the lowest court with statewide jurisdiction. It is the trial level of New York Courts. An order to show cause does not shift the burden of proof.

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Would the New York Supreme Court be equivalent to a Superior Court in another state ?

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[golocx4]

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Would the New York Supreme Court be equivalent to a Superior Court in another state ?

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No, They are elected and are the first level of the State Court.

 

[AC Orange]

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Very interesting line from the article "Antonin Scalia: Supreme Court will See Gun Control Cases Soon" :

"Dywinski v NY is the one I’d really like to see though (NY SAFE Act challenge), but we’ll have to wait for it to work its way through the lower courts before the Supremes even get their first bite of that apple."

Antonin Scalia: Supreme Court will See Gun Control Cases Soon | The Truth About Guns

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