Videos tagged with Attorney Fees

This video details the legal battle between Gun Owners of America (GOA) and the ATF/DOJ regarding attorney fees following the successful challenge to the bump stock ban. GOA argues the ATF's position was not substantially justified, citing factual misrepresentations about bump stock operation, and is seeking attorney fees under the Equal Access to Justice Act. The discussion also highlights the significant difference between standard EAJA hourly rates and the rates sought by GOA's legal team, comparing them to rates of prominent legal figures.

This video explains the procedural limitations in holding politicians accountable for Second Amendment violations. It details why direct lawsuits for damages against legislators are generally not possible due to immunity and the 11th Amendment. The primary legal recourse discussed is seeking injunctive relief to stop the enforcement of unconstitutional laws, with attorney fees potentially recoverable under 42 USC 1988 for prevailing parties.

This video provides an expert analysis from Mark W. Smith on a significant Second Amendment legal victory in California. A ruling by Judge Benitez is expected to declare California's attorney fee provision for Second Amendment lawsuits unconstitutional, removing a major financial deterrent for citizens challenging gun control laws. This decision is a substantial setback for Governor Newsom's anti-gun agenda.

This video details a significant legal victory in New Jersey where a court declared the state's 'justifiable need' requirement for concealed carry permits unconstitutional, aligning with the precedent set by NYSRPA v. Bruen. The ruling also mandates New Jersey to pay the plaintiffs' attorney fees, marking a substantial financial consequence for the state. The discussion highlights how this and similar legal wins in other states are building a stronger legal defense for Second Amendment rights nationwide.

This video analyzes critical lawsuits challenging a new California law that allows the state to collect attorney fees from individuals or groups suing over Second Amendment rights or gun control laws. Constitutional attorney Mark W. Smith discusses the legal grounds of these challenges, including potential First Amendment and Equal Protection Clause violations. The analysis aims to inform gun owners about the legal battles to preserve Second Amendment rights in California.

This video, presented by an expert with years of experience, details the lawsuits filed by Highland Park families against Smith & Wesson, alleging deceptive marketing practices for the M&P 15 rifle used in the attack. It critically examines the legal strategies employed, drawing parallels to previous cases like Sandy Hook and Robb Elementary, and argues that these lawsuits aim to bankrupt the gun industry through prolonged legal battles rather than seeking justice. The presenter emphasizes the importance of the Protection of Lawful Commerce in Arms Act and warns of its potential circumvention.

This video provides an expert analysis of the legal challenges surrounding California's assault weapon ban, focusing on the Miller v. Bonta case. It details Judge Benitez's involvement, the implications of Senate Bill 1327, and potential outcomes of the upcoming hearing, offering insights from a legal and Second Amendment perspective.

Constitutional attorney Mark W. Smith provides an expert analysis of California's SB 1327, a law designed to deter Second Amendment lawsuits by imposing severe financial penalties on losing plaintiffs and their legal teams. Smith argues this law infringes on the First Amendment right to petition and may conflict with federal statutes, creating a significant chilling effect on legal challenges to firearm regulations.

This video discusses the critical need for self-defense insurance, highlighting the substantial financial burden of legal defense following a self-defense incident. It introduces 'Right to Bear' as an insurance solution that covers attorney fees and potential civil damages, differentiating it from prepaid legal services that may restrict attorney choice or exclude damages. The discussion emphasizes the importance of understanding these distinctions when choosing a self-defense protection plan.

This video details the legal battle of Olympic hopeful Donya Vucevic, a member of the US National Shotgun team, who faced county regulations attempting to restrict her private skeet shooting range. Despite initial assurances that her agricultural-zoned land allowed private shooting, a neighbor's complaint led the county to demand a conditional use permit with exorbitant requirements like a $3 million berm. Vucevic's legal team successfully sued the county, establishing that they lacked the authority to regulate private shooting ranges, resulting in the county covering her attorney fees.

This video from Guns & Gadgets analyzes the NRA's bankruptcy filing, detailing the reasons behind it, including efforts to escape a lawsuit by New York Attorney General Letitia James. It highlights significant financial expenditures and debts, as well as numerous ongoing lawsuits involving the organization. The discussion prompts viewers to consider the potential impact of the NRA's dissolution.

This video, part 4 of a series on self-defense aftermath, focuses on the often-overlooked financial costs associated with a self-defense incident. It highlights expenses such as attorney fees, expert witnesses, civil damages, and other court-related costs, emphasizing that these can significantly impact an individual's resources. The video promotes the USCCA (United States Concealed Carry Association) as a solution for legal protection and education for gun owners, outlining their mission and membership benefits. It encourages viewers to consider concealed carry as more than just owning a firearm and stresses the importance of having a backup plan.