by Vicki Mellino | Mar 21, 2019 | Cases
“This matter comes before the court on the Emergency Motion for Injunction Pending Appeal filed by appellant, Clark Aposhian. Mr. Aposhian seeks to enjoin appellees during the pendency of this appeal from enforcing against him Final Rule, Bump-Stock-Type...
by Vicki Mellino | Mar 19, 2019 | Cases
II. ARGUMENT Rule 8 of the Federal Rules of Appellate Procedure allows this Court to issue an “injunction pending appeal.” Under Circuit Rule 8.1 a proponent of an injunction pending appeal must show “(A) the basis for the district court’s or agency’s subject matter...
by Vicki Mellino | Mar 19, 2019 | Cases
III. ARGUMENT “Federal Rule of Civil Procedure 62(d) allows a district court to “grant an injunction” “[w]hile an appeal is pending from an interlocutory order or final judgment that grants, continues, modifies, refuses, dissolves, or refuses to dissolve or...
by Vicki Mellino | Mar 18, 2019 | Cases
SUMMARY OF ARGUMENT The Constitution provides foundational rules for the operation of our government. Congress writes the laws. The Executive Branch enforces them. And the Judiciary independently interprets them. But this case threatens to consolidate all three...
by Vicki Mellino | Mar 15, 2019 | Cases
ARGUMENT I. FREE ENTERPRISE FUND ESTABLISHES JURISDICTION AND SHOWS THAT PLAINTIFFS ARE LIKELY TO PREVAIL ON THE MERITS A. This Court Has Jurisdiction In the hopes of avoiding judicial scrutiny of its administrative scheme, the government insists that 15 U.S.C. § 78y...
by Vicki Mellino | Mar 11, 2019 | Cases
SUMMARY OF ARGUMENT “The Constitution provides foundational rules for the operation of our government. Congress writes the laws. The Executive Branch enforces them. And the Judiciary independently interprets them. But this case threatens to consolidate all three...
