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Thread: Tresmond Lawsuit information - USE THIS THREAD

  1. #151
    General Shooter's Avatar
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    Quote Originally Posted by MaximillianTresmond View Post
    What this means is the court has issued an order determining that the next step in this process is to wait to hear whether or not Kachalsky will be heard by the Supreme Court. While Kachalsky deals with pistol licensing, it will also determine the precise scope and application of Heller and McDonald to New York State. If heard, expect an amicus curiae brief.
    Max this doesn't mean that your cases will be on hold until SCOTUS decides that case if cert is granted I hope?

  2. #152
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    How does this affect the SAFE act and the 29th court date? I'm assuming this will have nothing to do with rifles or am I wrong?

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    Max, even though the Lewis incident doesn't seem to have any direct relationship to the core of either Dywinski or Holtz, might it eventually influence the outcomes of either of those cases?

  4. #154
    www.tresmondlaw.com MaximillianTresmond's Avatar
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    Quote Originally Posted by Baby Kaboomer View Post
    Max, even though the Lewis incident doesn't seem to have any direct relationship to the core of either Dywinski or Holtz, might it eventually influence the outcomes of either of those cases?
    This is a good question, that answer to which as of yet I do not know. Possibly.

  5. #155
    www.tresmondlaw.com MaximillianTresmond's Avatar
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    Quote Originally Posted by Nyshooter1 View Post
    Max this doesn't mean that your cases will be on hold until SCOTUS decides that case if cert is granted I hope?
    What this means - what the order from the judges reads - is as follows: After a determination on the merits of the certiorari petition, the state must meet us at court within two weeks. Nothing to worry about.

  6. #156
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    Quote Originally Posted by MaximillianTresmond View Post
    What this means - what the order from the judges reads - is as follows: After a determination on the merits of the certiorari petition, the state must meet us at court within two weeks. Nothing to worry about.
    Max,

    Will that proceeding be open to the public? It's a long, long drive for me but I'd like to be there if I can. If it is, can you please post the address of the court?

    Thank You Sir.

  7. #157
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    Quote Originally Posted by MaximillianTresmond View Post
    What this means - what the order from the judges reads - is as follows: After a determination on the merits of the certiorari petition, the state must meet us at court within two weeks. Nothing to worry about.
    Max, can the state ask for a postponement to delay the process?
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  8. #158
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    Max,

    Have you considered filing a complaint under violation of the HIPAA privacy provision with the U.S. Department of Health & Human Services, on behalf of your client David Lewis. You have 180 days of the time the violation occurred. I believe it could fall under the following statutes;

    SEC. 1177
    "WRONGFUL DISCLOSURE OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION

    SEC 1178 does not afford NY any of the state exceptions, in this case, for SEC 1177, which protect state laws contrary to federal privacy law.

    This would allow the federal government to investigate what in fact happened in David's situation, would cost your client nothing, and could also provide you with information that could assist you in your civil suit.

  9. #159
    www.tresmondlaw.com MaximillianTresmond's Avatar
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    Dear friends,

    We may know as soon as Monday whether or not Kachalsky v. Cacace will be/has been set down for oral argument in the United States Supreme Court. As I have indicated before, the New York State Supreme Court is looking to Kachalsky for guidance in Dywinski and Holtz. No cliffhanger here with regards to these cases, but Monday is going to be an important for all sides of these cases.
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  10. #160
    www.tresmondlaw.com MaximillianTresmond's Avatar
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    Certiorari denied, we're going to court.

  11. #161
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    Quote Originally Posted by MaximillianTresmond View Post
    Certiorari denied, we're going to court.
    So I'm not sure what happened? Which court denied to hear the case? A NY state court or the US Supreme Court (Scalia, Ginsberg, Sotomayor, etc) ?

  12. #162
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    Quote Originally Posted by hoodfu View Post
    So I'm not sure what happened? Which court denied to hear the case? A NY state court or the US Supreme Court (Scalia, Ginsberg, Sotomayor, etc) ?
    Kachalski case in SCOTUS.

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    Folks, please take time to read the thread before posting so we don't end up with 50 pages of repeated questions and answers and get yet another valuable thread closed.
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  14. #164
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    Max,

    I know you said a number of times the NY Supreme Court was looking to SCOTUS for guidance in this case. How much of an effect do you think the denial of Cert will have on the Holtz and other cases? Will it be fairly measurable, or mostly insignificant? and could it be positive in some ways?

    Thanks, and keep up the work!

  15. #165
    www.tresmondlaw.com MaximillianTresmond's Avatar
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    Quote Originally Posted by Benellinut View Post

    Folks, please take time to read the thread before posting so we don't end up with 50 pages of repeated questions and answers and get yet another valuable thread closed.
    Thank you.

    We are not doing this again. I have too much work to try and sort through a cesspool of a thread. I will - if I can - respond to questions directed at me. Some questions - those asking to disclose strategy, release the name of a confidential informant, etc - will not be answered. Please do not answer questions that are directed to me, it only adds to the confusion. Sorry.

  16. #166
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    I will add to what Max said that we will discuss options about further threads. No one should really blame Max or James for losing patience with NYF. It is getting annoying for the legal team that is trying to keep everyone informed while they are quite busy, just to have a bunch of yahoos attack and criticize the team about legal issues that they do not even understand.

    i would say that we are at two strikes here. The usual rule is three strikes and you're out. I will not post any information about what the legal team is doing if Tresmond Law decides to stop posting information. Take this as a final warning. Please everyone use decorum and courtesy from now on.

  17. #167
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    Quote Originally Posted by MaximillianTresmond View Post
    Certiorari denied, we're going to court.
    Please excuse my ignorance, but is this somewhat bad, really bad, etc. in the grand scope of this case? Would it have been better to stay in the NY court or is it better going to the SCOTUS?
    Long Live NY Extremists FUAC

  18. #168
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    Quote Originally Posted by JSWellness View Post
    Please excuse my ignorance, but is this somewhat bad, really bad, etc. in the grand scope of this case? Would it have been better to stay in the NY court or is it better going to the SCOTUS?
    Cert was denied in the Kachalsky case, now the Tresmond Erie County lawsuits will move forward as originally scheduled. This is neither good nor bad. I have to talk to Max about whether the 4/29 hearing will go forward on time as scheduled. It will be going forward.
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  19. #169
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    Can we prove that a pistol grip and or a detachable magazine is not a military feature? There are plenty of non-military rifles that use a pistol grip and century's of military rifles without a pistol grip. Has anyone tried to challenge the safe act with this yet?

  20. #170
    www.tresmondlaw.com MaximillianTresmond's Avatar
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    Sorry for the delay in response. Was going to update earlier; locked in the NYS Supreme Court due to bomb threat.

    We are waiting on a pretrial conference date for Holtz.

  21. #171
    www.tresmondlaw.com MaximillianTresmond's Avatar
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    Dywinski is scheduled for a pre-trial conference on May 13th.

  22. #172
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    Thanks for the news Max. Can you update us on the status of the April 29 deadline? In other words, are we still on schedule for possible injunction on 4/29?
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  23. #173
    www.tresmondlaw.com MaximillianTresmond's Avatar
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    Quote Originally Posted by MDFalco View Post
    Thanks for the news Max. Can you update us on the status of the April 29 deadline? In other words, are we still on schedule for possible injunction on 4/29?
    We should know on Monday. Likely to be scheduled for a pre-trial conference due to Kachalsky.

  24. #174
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    Max - will what happened yesterday in Washington with the federal stuff not passing be helpful in throwing out the NY Safe Act? I would think it makes it look even more uncommon for the things in that law to stick. Thoughts?
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  25. #175
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    Max, I am an FFL holder and NYS licensed dealer. The provision in the law dictating that dealers may charge no more than $10 for conducting the newly required background check on all private sales seems blatantly unconstitutional to me as it interferes with interstate commerce and our generally "free market" economy. I am struck how an auto shop charges anywhere from $60-$150 an hour for a mechanic to do even basic repairs on a car but the State Legislature has determined that gun dealers can only charge $10 for a process that takes on average at least 20 minutes, involves 2 persons and one firearm that must be logged onto and off of the dealer's books.

    I was wondering if you know whether this part of the law is being challenged in any suit you have knowledge of.

    Thank you.

    Mark

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