Tweaker
BOHICA
- Joined
- Dec 1, 2002
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USAPA NEWS FLASH
Ninth Circuit Court Rules In Favor of USAPA and Denies Plaintiffs’ Motion
Yesterday, August 3, 2010, the Ninth Circuit Court of Appeals denied a motion to stay the "mandate." The motion was filed by the plaintiffs in the Addington appeal after the Ninth Circuit denied their petition to reconsider its decision of June 4th. That decision found the Addington lawsuit unripe and ordered the district court to dismiss it for lack of jurisdiction. The "mandate" is an appeal court's final instruction to lower courts to follow its decision. Today's ruling clears the way for the final action of the Ninth Circuit to actually issue the mandate, which is expected to happen within the next seven days. At that time the district court will be required to dismiss the remaining portions of the Addington case. Then the plaintiffs may petition the U.S. Supreme Court, so long as they do so within time limits already running.
Ninth Circuit Court Rules In Favor of USAPA and Denies Plaintiffs’ Motion
Yesterday, August 3, 2010, the Ninth Circuit Court of Appeals denied a motion to stay the "mandate." The motion was filed by the plaintiffs in the Addington appeal after the Ninth Circuit denied their petition to reconsider its decision of June 4th. That decision found the Addington lawsuit unripe and ordered the district court to dismiss it for lack of jurisdiction. The "mandate" is an appeal court's final instruction to lower courts to follow its decision. Today's ruling clears the way for the final action of the Ninth Circuit to actually issue the mandate, which is expected to happen within the next seven days. At that time the district court will be required to dismiss the remaining portions of the Addington case. Then the plaintiffs may petition the U.S. Supreme Court, so long as they do so within time limits already running.