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Old 06-22-2005, 02:05 AM   #1
darnit
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2257 Injunction would only cover 6 states?

I just read the new Xbiz World and ran across this from Gregory Piccionelli.

"While the resoning employed by the court in sundate was constitutionally sound, the applicability of the ruling has always only extended to to the states within the 10th Circut (Utah, Wyoming, Colorado, Kansas, New Mexico, and Oklahoma)."

Does this mean that an injunction in that same 10th Circut would only cover businesses located within those states?

Please let me know if im just smoking crack.
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Old 06-22-2005, 02:09 AM   #2
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You seem very sober to me...
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Old 06-22-2005, 02:11 AM   #3
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Technically yes, although Federal injunctions are usually honored throughout the country, the other districts are not obligated to honor it.
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Old 06-22-2005, 02:17 AM   #4
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Quote:
Originally Posted by darnit

Please let me know if im just smoking crack.


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Old 06-22-2005, 02:29 AM   #5
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Old 06-22-2005, 02:34 AM   #6
darnit
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Quote:
Originally Posted by baddog
Technically yes, although Federal injunctions are usually honored throughout the country, the other districts are not obligated to honor it.
So what you are saying is that there would still be a chance that if the injuction is granted but your particular state doesnt honor it you could still be vulnerable?
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Old 06-22-2005, 02:36 AM   #7
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Originally Posted by darnit
So what you are saying is that there would still be a chance that if the injuction is granted but your particular state doesnt honor it you could still be vulnerable?

Precisely
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Old 06-22-2005, 02:38 AM   #8
darnit
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Precisely
Thanks much for the clarity
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Old 06-22-2005, 04:25 AM   #9
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what are our chances of winning this time?
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Old 06-23-2005, 12:24 AM   #10
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technically yes, effectively no.
And it's unlikely the government would push it.
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Old 06-23-2005, 12:29 AM   #11
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your state doesnt "honor" anything

the injunction applies only to the district it is granted in, but being that it is the US court other districts wouldnt likely act outside of this agreement mostly because this is the domain of the dept of justice, they decide whom and and where to go after. Thus the agreement is pretty much going to apply to all US Districts
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Old 06-23-2005, 02:35 AM   #12
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the actual document is a very interesting read
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