Good News from 2nd Court of Appeals
Posted: Wed Apr 30, 2008 3:52 pm
Tossed out NYC lawsuit against "Gun Industry".
http://www.sfgate.com/cgi-bin/article.c ... 029D12.DTL
http://www.sfgate.com/cgi-bin/article.c ... 029D12.DTL
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As much as I dislike him, you're not going to affect any change in his behavior by charging his office. He'll just pay the cost out of the budget of something useful to New Yorkers and go on doing exactly what he's doing. Now, charge HIM as the person with the court costs and I guarantee you he'll take notice, but I doubt you can do that since he's "acting in his official capacity as Mayor" and thus protected by his office unless he commits misfeasance or malfeasance in office (failing to perform his duties adequately and properly, or intentionally and measureably harming his office). Both are difficult to prove unless you can prove corruption or blatant incompetence.Charles L. Cotton wrote:I noted that Bloomberg claims he'll be back in the courts. Some federal judge need to hit NYC with a few million dollars in attorney fees and other sanctions for filing frivolous lawsuits, then a $25,000 fine each day it's not paid.
I respectfully disagree. Tag NYC with several million dollars in sanctions and he'll either change his conduct, get voted out of office, or stay and waste New Yorkers' money. Any of the three are better than the status quo.Liko81 wrote:As much as I dislike him, you're not going to affect any change in his behavior by charging his office. He'll just pay the cost out of the budget of something useful to New Yorkers and go on doing exactly what he's doing. Now, charge HIM as the person with the court costs and I guarantee you he'll take notice, but I doubt you can do that since he's "acting in his official capacity as Mayor" and thus protected by his office unless he commits misfeasance or malfeasance in office (failing to perform his duties adequately and properly, or intentionally and measureably harming his office). Both are difficult to prove unless you can prove corruption or blatant incompetence.Charles L. Cotton wrote:I noted that Bloomberg claims he'll be back in the courts. Some federal judge need to hit NYC with a few million dollars in attorney fees and other sanctions for filing frivolous lawsuits, then a $25,000 fine each day it's not paid.
Where would we get an idea like that?Charles L. Cotton wrote:In case you haven't noticed, I despise Bloomberg.
Chas.
Venus Pax wrote:Where would we get an idea like that?Charles L. Cotton wrote:In case you haven't noticed, I despise Bloomberg.
Chas.
I'm with Charles here, except that I think that by extension of bloomy's own logic, he's intentionally and measureably harming his office and the city if he causes the fines to be assessed.Charles L. Cotton wrote:I respectfully disagree. Tag NYC with several million dollars in sanctions and he'll either change his conduct, get voted out of office, or stay and waste New Yorkers' money. Any of the three are better than the status quo.Liko81 wrote:As much as I dislike him, you're not going to affect any change in his behavior by charging his office. He'll just pay the cost out of the budget of something useful to New Yorkers and go on doing exactly what he's doing. Now, charge HIM as the person with the court costs and I guarantee you he'll take notice, but I doubt you can do that since he's "acting in his official capacity as Mayor" and thus protected by his office unless he commits misfeasance or malfeasance in office (failing to perform his duties adequately and properly, or intentionally and measureably harming his office). Both are difficult to prove unless you can prove corruption or blatant incompetence.Charles L. Cotton wrote:I noted that Bloomberg claims he'll be back in the courts. Some federal judge need to hit NYC with a few million dollars in attorney fees and other sanctions for filing frivolous lawsuits, then a $25,000 fine each day it's not paid.
As for making him pay the sanctions, you're correct, that can't happen.
Chas.
That's kinda what I was thinking. assess the fines against the city, then charge him as bringing harm against the city.jimlongley wrote:I'm with Charles here, except that I think that by extension of bloomy's own logic, he's intentionally and measureably harming his office and the city if he causes the fines to be assessed.
He should face criminal charges for conspiring to violate state and federal laws regarding strawman gun purchases. The BATFE wrote him a strong "knock it off" letter, but the U.S. Attorney should have prosecuted.DoubleJ wrote:That's kinda what I was thinking. assess the fines against the city, then charge him as bringing harm against the city.jimlongley wrote:I'm with Charles here, except that I think that by extension of bloomy's own logic, he's intentionally and measureably harming his office and the city if he causes the fines to be assessed.
You can do that when your net worth starts with a "B."DoubleJ wrote:he must be givin' money to the right guy!