Constitutional Law

Atty fees denied in NRA v. Oak Park

The District Court has denied an award of attorney fees in NRA v. Oak Park & Chicago. Text is in extended remarks below. The grounds are that after the Supreme Court ruled in McDonald v. Chicago, Oak Park revoked its ban and Chicago replaced its with a new ordinance. When the Supreme Court sent the case back to the 7th Circuit, the Circuit ordered the trial court to dismiss the case as moot. The District Court rules that NRA did not "prevail." Don't have time to look up all the case law, but I really doubt the ruling would have been the same if plaintiff had been a more favored party and the suit a more favored cause of action.

Full post as published by Of Arms and the Law on January 20, 2011 (boomark / email).