MSI beats Mo Co

[swinokur]

I knew that. My question was if they actually had

 

[Georges2nd]

I knew that. My question was if they actually had

According to the case I showed somewhere they can't undue the permanent injunction

 

[Occam]

According to the case I showed somewhere they can't undue the permanent injunction

Unless they can persuade a higher court to do so. Hence the question of appeal, or not.

 

[Georges2nd]

Unless they can persuade a higher court to do so. Hence the question of appeal, or not.

Yep that would be so

 

[Mark75H]

Mark said their appeal would take action on how much monetary compensation MSI would be able to collect; not enforcement of the law. The law is permanently enjoyed.

 

[Georges2nd]

Mark said their appeal would take action on how much monetary compensation MSI would be able to collect; not enforcement of the law. The law is permanently enjoyed.

That's what I though. Thanks for clearing that up

 

[esqappellate]

Mark said their appeal would take action on how much monetary compensation MSI would be able to collect; not enforcement of the law. The law is permanently enjoyed.

Their appeal of the State court decision will be on the merits, not compensation.
Compensation issues are deferred to after the appeal.

 

[Sunrise]

Their appeal of the State court decision will be on the merits, not compensation.
Compensation issues are deferred to after the appeal.

What's the general timeframe for this process?

 

[esqappellate]

What's the general timeframe for this process?

They filed a notice of appeal yesterday. Lots depends on how the County wants to proceed. Impossible to answer now.

 

[Sunrise]

They filed a notice of appeal yesterday. Lots depends on how the County wants to proceed. Impossible to answer now.

Thank you sir.

 

[esqappellate]

According to the case I showed somewhere they can't undue the permanent injunction

They certainly can appeal the decision imposing the permanent injunction and they have done precisely that. While the appeal is pending, the injunction still stands and the County has indicated that they will not seek to stay the injunction pending appeal.

 

[Georges2nd]

They certainly can appeal the decision imposing the permanent injunction and they have done precisely that. While the appeal is pending, the injunction still stands and the County has indicated that they will not seek to stay the injunction pending appeal.

Thanks Mark for explaining

 

[swinokur]

Mark said their appeal would take action on how much monetary compensation MSI would be able to collect; not enforcement of the law. The law is permanently enjoined

Nope.

 

[emerald]

They filed a notice of appeal yesterday. Lots depends on how the County wants to proceed. Impossible to answer now.

Just mind bending that they keep attempting to push this through. It seems they will never admit they are wrong at any level. It is even more disgusting that they do nothing to really address the true issues.

 

[swinokur]

Same reason MD asked for En Banc in the HQL suit. They will never give up.

So we won’t either.


Never mind Baltimore is a national embarrassment

 

[Mark75H]

Yes, I was wrong. I completely missed the motion filed yesterday.

 

[dblas]

Just mind bending that they keep attempting to push this through. It seems they will never admit they are wrong at any level. It is even more disgusting that they do nothing to really address the true issues.

They are doing their job by defending their client (the County), as far as they are able to, until all appeals run out. It's called the judicial process, and it applies equally to everyone.

 

[babalou]

They are doing their job by defending their client (the County), as far as they are able to, until all appeals run out. It's called the judicial process, and it applies equally to everyone.

wish they had to use their own money and not ours. This is way I hope MSI gets a lot of money-- would be from us and all the cucks and Karens out there, as well

 

[emerald]

They are doing their job by defending their client (the County), as far as they are able to, until all appeals run out. It's called the judicial process, and it applies equally to everyone.

Gotcha. Hadn't thought of it in those terms. I'm afraid BGOS has me feeling like it never ends, no matter what. I think part of what gets me on this one is that it seems to a layman watching it all go down, that basically the ruling is saying the County law is inconsistent with State law and can't preempt the greater State law, and it seems like that has already been established numerous other times in other cases, so at what point should they not be filing the appeal, because there is already enough precedent to say this is going nowhere? IANAL, so perhaps my perceptions are all screwed up. Also, this combined with the en banc appeal on the HQL side just adds to the impression that even if you win in court, you don't really win with these entities. The time frames and the way things drag out are laborious too. Time for another MSI donation.

 

[dblas]

Gotcha. Hadn't thought of it in those terms.

A lot of people don't.

I'm afraid BGOS has me feeling like it never ends, no matter what.

That's not BGOS, that's just wondering when the never ending BS from the County will end.

I think part of what gets me on this one is that it seems to a layman watching it all go down, that basically the ruling is saying the County law is inconsistent with State law and can't preempt the greater State law, and it seems like that has already been established numerous other times in other cases, so at what point should they not be filing the appeal, because there is already enough precedent to say this is going nowhere?

All of the other rulings have no precedent in this case, because none of them have been brought in Maryland or the Federal 4th Circuit. So, while there is precedent, none of it has been set in any court that affects Montgomery County or the State of Maryland.

IANAL, so perhaps my perceptions are all screwed up.

Nah, not a screwed up perception, just a learning curve on how this works.

Also, this combined with the en banc appeal on the HQL side just adds to the impression that even if you win in court, you don't really win with these entities.

The same thing applies to any lawsuit against, you, me, MDS, MSI, etc. We all have the same rights to appeal any verdict against us, just like MoCo and the State does.

The time frames and the way things drag out are laborious too.

And we get the same timelines in our appeals as well.

Time for another MSI donation.

Yep.