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LegalGround >> Nervous - any advice ?


12/10/09 11:11 AM
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Subadie
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Edited: 12/10/09 11:14 AM
Member Since: 10/9/04
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Oral argument in US District Court tomorrow on case to be published with national importance (in my field at least). At least 6 US attorneys are piled up on the dark side - even coming in pro hac vice from other j/ds. Here I am all by my lonesome. Argument is on Motion to Dismiss and Alt motion for summary judgment. Have only had time to oppose it, so no cross-motion for summary judgment has yet been filed.
12/10/09 11:54 AM
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MMA Sports Agent
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Member Since: 7/21/09
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If it is in the SDNY then have me sit second chair. I inspire confidence.
12/10/09 12:01 PM
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J Flip
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how do you feel about the arguments?
12/10/09 1:09 PM
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Subadie
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Edited: 12/10/09 1:10 PM
Member Since: 10/9/04
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Sorry - different court

There have been some somewhat similar cases,with some important distinctions, decided previously two times by the same court, with a different decision each time. Different Judges reaching different conclusions. The Judge who made the "good" decision is the same Judge as the one that I have. All of the arguments by the US atty office have been citing the "bad" decision, with only passing reference to the good decision made by our Judge, so I think I am on the winning side with the arguments.
12/11/09 11:41 AM
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Subadie
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If anyone is curious (or even if you arent). Prevailed on both accounts; so now this weekend its on to my cross-motion for summary judgment.
12/11/09 1:16 PM
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98lbweakling
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Congrats! Any chance you can give a very brief summary of the issue? If memory serves, we're in the same practice area.
12/11/09 1:27 PM
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Subadie
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212(a)(3)(B)(ii)
12/11/09 1:56 PM
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98lbweakling
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Whoa... serious stuff, indeed! Good luck to you, sir!
12/11/09 2:35 PM
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Subadie
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Thanks...after today, I am really looking forward to the next Court
12/17/09 11:28 AM
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Subadie
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Edited: 12/18/09 7:53 AM
Member Since: 10/9/04
Posts: 1051
After filing my cross motion for s/j the US atty calls me and says - is there any way we can work this out ? ha ! With that offer ? No, you wanted a fight and we're going to finish it, otherwise no EAJA fees for me.

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