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Time frame for any results?

2K views 23 replies 16 participants last post by  Karas3434 
#1 ·
Curious to know what everyone is thinking the time frame is before we will see any type of results? What would happen first? What are the likely outcomes? I have pretty much zero legal knowledge when it comes to courts and such. But i do know that it sure seems like things can get dragged out for a loooonnnggg time in court.

Im curious to know the process of how things are gonna happen...
 
#2 ·
^^^^^ second
 
#8 ·
An injunction nullifies things until they are brought to the court.

Im sure someone will correct me... but heres how I understand it.

County Court
State Supreme Court
State Apellate Court
Federal something or other court (circuit?)
Supreme Court

It has to be appealed at each level until it gets to the supreme court. Then they take their time to choose if they want to hear the case or not. Then they actually here the case and decide. But at each level the case is argued and appealed. That stuff takes time. I wouldnt be suprised if this doesn't get to the supreme until after the registration date is here.

Each level allows the otherside to drag their feet. Justice delayed, is justice denied.

But Im not real sure on this stuff. Someone will know.
 
#12 ·
An injunction nullifies things until they are brought to the court.

Im sure someone will correct me... but heres how I understand it.

County Court
State Supreme Court
State Apellate Court
Federal something or other court (circuit?)
Supreme Court

It has to be appealed at each level until it gets to the supreme court. Then they take their time to choose if they want to hear the case or not. Then they actually here the case and decide. But at each level the case is argued and appealed. That stuff takes time. I wouldnt be suprised if this doesn't get to the supreme until after the registration date is here.

Each level allows the otherside to drag their feet. Justice delayed, is justice denied.

But Im not real sure on this stuff. Someone will know.
Usually if there is an "adequate and independent state ground" it may stay in the state courts I do not recall what court is the entry of competent jurisdiction to challenge the NYS Constitution, I presume the supreme court (NYS entry level courts above county- not to be confused with the US Supreme Court), then it moves to the Appellate Division, and then the Court of Appeals; if a federal claim is made and a case is filed in US District Court, it then goes to the Second Circuit, and then to the US Supreme Court-(if certiorari is granted, that is the green light to review it).

How long, well as I have mentioned in another thread, last term there was a case concerning damages from the Exxon Valdez oil taker crash, that was 1989.
 
#10 ·
I have been wondering the same thing. Based on my own personal experience, I know the process can take quite some time.

I'm not saying this will apply in this specific case but I did go through the legal process once in my life. Even with an injunction in place, it took a year before my case was heard in NY Supreme court, then another year to get to the State Appellate Division and then it took almost a year for them to render the decision.

It is a very slow process. Meanwhile, we all have to deal with the fallout.
 
#13 ·
i would think a year or two minimum but realistically 2-3 years and a gross waste of tax dollars.
 
#18 ·
An injunction is an order issued by a judge after the requesting party has demonstrated "a substantial likelihood of success on the merits." That means you have presented a case in your papers that looks very strong and at least more likely than not to win. The standard is the same for the state and federal courts. An injunction does not nullify anything, it stays the law and prevents whatever portion has been enjoined from going into effect. There are three stages of an injunction, and each stage would be reached during the case until trial. The injunction would likely stay in place until the case was concluded, but could be ended earlier.

A lawsuit can be filed in state or federal court depending on whether a state or federal claim is raised. Any US Constitutional arguments are federal and can be brought in federal court. However US Constitutional arguments can also be made in state court. You cannot however raise state arguments in federal court (not in this type of case anyway). A lawsuit in the NY Courts would have to wind it's way through the state appellate system before then appealing to the federal courts. The process is complicated and depends upon the nature of the claims being filed, and who or what is being sued.
 
#19 ·
And Embree is right, we are talking years here folks. An injunction would be granted or denied at the beginning of the case fortunately for us however.
 
#22 ·
If the courts allow an injunction on any of the law suits would be a plus for us. It would freeze the law and would most likley revert back to the prior law. The bad part is if any of the suits loose in Federal court the law will be retroactive with most likely a 30 day compliance period.
 
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