No fees for you: Court denies attorney's fees in NICS appeal case

In Ledet v. USA, the Court denied Ledet's Motion for Attorney's Fees because he is not the "prevailing party" in the litigation.

What is this case about? Well, it has to do with NICS and erroneous denials, and despite NICS having the corrected record, still denying Mr. Ledet his lawful firearm purchases. After NICS stopped processing appeals, individuals that were erroneously denied had but one option: sue the USA in federal court.

So, Mr. Ledet did that. And in less than a few months, was successful in being declared a lawful purchaser and owner of firearms. We dismissed the case and sought fees from the government. The court denied the fee motion.

When will Congress fix NICS? I've assisted in drafting some legislation that will change how these cases are litigated. For now, if the government simply rolls over immediately, like they did in this case, the Plaintiff is on the hook for his attorney's fees. If this legislation ever gets introduced and passed and signed into law, the government will be on the hook for fees. Why should an erroneously denied individual be on the hook for thousands of dollars to fix the government's mistake?

Good question. But, until Congress steps in, that's the way it is.

You can read the Opinion here.


Featured Posts
Recent Posts
Archive
Search By Tags
No tags yet.
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square

FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST

 

​​​​​This website has been prepared by Stamboulieh Law​, PLLC for informational purposes only. The information contained herein is not legal advice, and recipients of content from this site, clients or otherwise, should not rely on the information contained herein without seeking appropriate legal or other professional advice. Viewing this site or communicating with a Stamboulieh Law, PLLC attorney via e-mail, through this site or otherwise, does not constitute or create an attorney-client relationship between Stamboulieh Law, PLLC and any person or entity. Confidential information should not be sent to the firm without the prior approval of the firm, and the content of any correspondence sent via the Internet will not be considered or maintained as confidential unless such approval is obtained.​

 

​​​​© 2019 by Stamboulieh Law, PLLC.