Post by mdenney on Mar 31, 2008 12:45:06 GMT -5
Reposted from an email:
The Wolfchild case is presently stayed (meaning it is on hold) at the trial level with the US Court of Claims. This is because the Government has obtained the right to an interlocutory appeal to the Federal Circuit Court. Normally, when a case is still pending (being decided) the parties cannot ask for an appellate court (which is a higher court that decides if the trial court applied the law correctly) to review a case. However, there are certain exceptions to this such as when there are important "certified" questions, that is questions that involve important public policy issues. The government wants this higher court to rule that the trial court (the US Court of Claims) made a mistake when it ruled in our favor that there was a trust. They further argued that an interlocutory appeal actually saves everyone time and effort, so it is good to get this issue resolved now.
The current deadlines are:
April 11, 2008 -- U.S. Brief (the government turns in its paper explaining why it thinks the trial court ruled incorrectly)
May 23, 2008 -- Wolfchild Plaintiffs' Brief (we, through our various attorneys, turn in a paper explaining why the trial court did the right thing)
June 9, 2008 -- U.S. Reply Brief (the government gets to make a another report that will criticize whatever we turn in- they get to turn in two papers because they are currently in the losing position)
After that, the case may be set for oral arguments or the court may make a ruling. There is no deadline for them to act, but they will move as quickly as they can.
While no one has mentioned it yet, once the Federal Circuit Court has ruled, the losing party could ask the US Supreme Court to decide if that ruling was correct. The US Supreme Court is the final word. Unlike other appellate courts, the US Supreme Court does not have to accept every appeal sent to it and the vast majority of cases submitted to it are not accepted. If it were not accepted, it would mean that the ruling of the court below it would stand.
I understand why our side felt compelled to oppose the interlocutory appeal, but it could actually have the effect of speeding up the process. If the interlocutory appeal had not been granted, then the government would have had the right to appeal at the end of the case anyway. If the issue of whether or not the trust exists is decided now and in our favor, then the case becomes much easier to resolve. There was always going to be an appeal, whether it is now or later.The government has not seemed too interested in who should be in the trust, but only whether or not the trust exists. If that issue is resolved in our favor, then the biggest issue would be settled.
Anyway, there is nothing for us to do at the moment, but wait and see what develops at the appellate level. I would assume this appeals process will last a year or more.
Please feel free to pass this along to anyone who you believe is interested.
The Wolfchild case is presently stayed (meaning it is on hold) at the trial level with the US Court of Claims. This is because the Government has obtained the right to an interlocutory appeal to the Federal Circuit Court. Normally, when a case is still pending (being decided) the parties cannot ask for an appellate court (which is a higher court that decides if the trial court applied the law correctly) to review a case. However, there are certain exceptions to this such as when there are important "certified" questions, that is questions that involve important public policy issues. The government wants this higher court to rule that the trial court (the US Court of Claims) made a mistake when it ruled in our favor that there was a trust. They further argued that an interlocutory appeal actually saves everyone time and effort, so it is good to get this issue resolved now.
The current deadlines are:
April 11, 2008 -- U.S. Brief (the government turns in its paper explaining why it thinks the trial court ruled incorrectly)
May 23, 2008 -- Wolfchild Plaintiffs' Brief (we, through our various attorneys, turn in a paper explaining why the trial court did the right thing)
June 9, 2008 -- U.S. Reply Brief (the government gets to make a another report that will criticize whatever we turn in- they get to turn in two papers because they are currently in the losing position)
After that, the case may be set for oral arguments or the court may make a ruling. There is no deadline for them to act, but they will move as quickly as they can.
While no one has mentioned it yet, once the Federal Circuit Court has ruled, the losing party could ask the US Supreme Court to decide if that ruling was correct. The US Supreme Court is the final word. Unlike other appellate courts, the US Supreme Court does not have to accept every appeal sent to it and the vast majority of cases submitted to it are not accepted. If it were not accepted, it would mean that the ruling of the court below it would stand.
I understand why our side felt compelled to oppose the interlocutory appeal, but it could actually have the effect of speeding up the process. If the interlocutory appeal had not been granted, then the government would have had the right to appeal at the end of the case anyway. If the issue of whether or not the trust exists is decided now and in our favor, then the case becomes much easier to resolve. There was always going to be an appeal, whether it is now or later.The government has not seemed too interested in who should be in the trust, but only whether or not the trust exists. If that issue is resolved in our favor, then the biggest issue would be settled.
Anyway, there is nothing for us to do at the moment, but wait and see what develops at the appellate level. I would assume this appeals process will last a year or more.
Please feel free to pass this along to anyone who you believe is interested.