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Old 04-02-2007, 03:28 PM   #1
Snake Doctor
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Looks like the 2257 injunction for secondary producers will be over soon

Better get your records ready folks.


The court has required the FSC to demonstrate why it should not lose the secondary producer claim by April 16, 2007, given the passage of the Adam Walsh Act. The government must submit its response by April 30. At any time thereafter, the court could revisit its injunction decision given the fact that the Adam Walsh Act has essentially mooted the arguments that the regulations do not apply to secondary producers. It is likely that the injunction will be dissolved once the court renders its ruling on this issue, although the FSC may request a stay of that order pending a possible appeal.
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Old 04-02-2007, 03:56 PM   #2
Sarah_Jayne
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oh yay..
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Old 04-02-2007, 03:59 PM   #3
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Good shit!
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Old 04-02-2007, 04:54 PM   #4
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Here's some more information on Judge Miller's decision issued last Friday in FSC v. Gonzales.

The article is drawn primarily from the text of the decision itself, as the attorneys I talked to wanted a little more time to review the decision before commenting on it in detail.

- Q.
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Old 04-02-2007, 05:10 PM   #5
GigoloMason
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Only the ultra vires claim is being addressed on the 16th, the injunction would still stand untill the other claims were addressed.

Although I'm sure it hasn't been fully digested yet, please read before you spew.
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