2257 Injunction would only cover 6 states?

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  • darnit
    Confirmed User
    • Jul 2001
    • 2439
    #1

    2257 Injunction would only cover 6 states?

    I just read the new Xbiz World and ran across this from Gregory Piccionelli.

    "While the resoning employed by the court in sundate was constitutionally sound, the applicability of the ruling has always only extended to to the states within the 10th Circut (Utah, Wyoming, Colorado, Kansas, New Mexico, and Oklahoma)."

    Does this mean that an injunction in that same 10th Circut would only cover businesses located within those states?

    Please let me know if im just smoking crack.
    Tags: None
    • jayeff
      Confirmed User
      • May 2001
      • 2944
      #2
      You seem very sober to me...

        Comment

        • baddog
          So Fucking Banned
          • Apr 2001
          • 107089
          #3
          Technically yes, although Federal injunctions are usually honored throughout the country, the other districts are not obligated to honor it.

            Comment

            • AsianDivaGirlsWebDude
              Purveyor, Fine Asian Porn
              • Jul 2004
              • 38323
              #4
              Originally posted by darnit

              Please let me know if im just smoking crack.


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                • darnit
                  Confirmed User
                  • Jul 2001
                  • 2439
                  #5

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                    • darnit
                      Confirmed User
                      • Jul 2001
                      • 2439
                      #6
                      Originally posted by baddog
                      Technically yes, although Federal injunctions are usually honored throughout the country, the other districts are not obligated to honor it.
                      So what you are saying is that there would still be a chance that if the injuction is granted but your particular state doesnt honor it you could still be vulnerable?

                        Comment

                        • baddog
                          So Fucking Banned
                          • Apr 2001
                          • 107089
                          #7
                          Originally posted by darnit
                          So what you are saying is that there would still be a chance that if the injuction is granted but your particular state doesnt honor it you could still be vulnerable?

                          Precisely

                            Comment

                            • darnit
                              Confirmed User
                              • Jul 2001
                              • 2439
                              #8
                              Originally posted by baddog
                              Precisely
                              Thanks much for the clarity

                                Comment

                                • Zester
                                  Confirmed User
                                  • Jul 2003
                                  • 5344
                                  #9
                                  what are our chances of winning this time?
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                                    • EmporerEJ
                                      Confirmed User
                                      • Jan 2004
                                      • 282
                                      #10
                                      technically yes, effectively no.
                                      And it's unlikely the government would push it.

                                      Eric J. White
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                                        • mikesouth
                                          Confirmed User
                                          • Jun 2003
                                          • 6334
                                          #11
                                          your state doesnt "honor" anything

                                          the injunction applies only to the district it is granted in, but being that it is the US court other districts wouldnt likely act outside of this agreement mostly because this is the domain of the dept of justice, they decide whom and and where to go after. Thus the agreement is pretty much going to apply to all US Districts
                                          Mike South

                                          It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.

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                                            • makefuckingmoney
                                              Confirmed User
                                              • Oct 2003
                                              • 3277
                                              #12
                                              the actual document is a very interesting read

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