Three University of Texas faculty members will appeal a federal judge’s ruling to dismiss their lawsuit over a state law that permits students to carry concealed handguns in most campus buildings.
On Monday, attorneys for professors Jennifer Lynn Glass, Lisa Moore and Mia Carter filed a notice saying they will appeal the decision to the 5th Circuit Court of Appeals.
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Return to “TX: Fed Judge Dismisses UT Profs Campus Carry Lawsuito”
- Wed Jul 26, 2017 12:03 pm
- Forum: General Texas CHL Discussion
- Topic: TX: Fed Judge Dismisses UT Profs Campus Carry Lawsuito
- Replies: 16
- Views: 4576
Re: TX: Fed Judge Dismisses UT Profs Campus Carry Lawsuito
Article: UT profs say they will appeal ruling in campus carry lawsuit
- Sun Jul 09, 2017 7:34 pm
- Forum: General Texas CHL Discussion
- Topic: TX: Fed Judge Dismisses UT Profs Campus Carry Lawsuito
- Replies: 16
- Views: 4576
Re: TX: Fed Judge Dismisses UT Profs Campus Carry Lawsuito
No attorney's fees, just other costs. From the final judgement:dlh wrote:No award of attorney's fees against the plaintiffs?...
Here's what Fed. R. Civ. P. 54(d)(1) says:IT IS ORDERED that Defendants, the prevailing parties in this action, shall recover their allowable costs incurred in this action. See Fed. R. Civ. P. 54(d)(1).
However, the AG and/or UT might be able to file a motion to ask for attorney's fees:(1) Costs Other Than Attorney's Fees. Unless a federal statute, these rules, or a court order provides otherwise, costs—other than attorney's fees—should be allowed to the prevailing party. But costs against the United States, its officers, and its agencies may be imposed only to the extent allowed by law. The clerk may tax costs on 14 days’ notice. On motion served within the next 7 days, the court may review the clerk's action.
(2) Attorney's Fees.
(A) Claim to Be by Motion. A claim for attorney's fees and related nontaxable expenses must be made by motion unless the substantive law requires those fees to be proved at trial as an element of damages.
(B) Timing and Contents of the Motion. Unless a statute or a court order provides otherwise, the motion must:
(i) be filed no later than 14 days after the entry of judgment;
(ii) specify the judgment and the statute, rule, or other grounds entitling the movant to the award;
(iii) state the amount sought or provide a fair estimate of it; and
(iv) disclose, if the court so orders, the terms of any agreement about fees for the services for which the claim is made.
- Fri Jul 07, 2017 4:58 pm
- Forum: General Texas CHL Discussion
- Topic: TX: Fed Judge Dismisses UT Profs Campus Carry Lawsuito
- Replies: 16
- Views: 4576
Re: TX: Fed Judge Dismisses UT Profs Campus Carry Lawsuito
The UT President was sued (in addition to the State/AG and UT Board of Regents) because they were claiming that he had authority under the law to declare classrooms a gun exclusion zone or to delegate that authority to individual professors. That was just one of the many baseless claims they made in their complaint.The Annoyed Man wrote:Let me get this straight..... They were suing the university president? What the heck did he have to do with passing the law? He was probably against it!
Article: Federal judge throws out effort by UT professors to overturn campus carry
Hicks, who had not yet conferred with his clients when reached Friday, said he is not sure what course of action he and the plaintiffs will take. They have 28 days from July 6 to ask Yeakel for clarification and 30 days to file an appeal to the U.S. 5th Circuit Court of Appeals.