• Mark Ryan

Two Hail Marys

Lawyers should always think three times before filing a motion for reconsideration. They rarely succeed.

United States v. E.R.R. LLC, 2020 WL 4732218 (E.D. La. 2020) (denying motion for reconsideration on government’s motion in limine to exclude evidence regarding spoliation of relevant documents in OPA cost recovery case, held that defendants had not met the high burden of showing either destruction of documents or bad faith by the government)

United States v. Brace, 2020 WL 4581183 (W.D. Pa. 2020) (denying motion for stay of order pending appeal in enforcement case against farmers accused of filling wetlands, held that plaintiffs had not shown a substantial likelihood of success on the merits and no irreparable harm from complying with the wetlands restoration order in the case; rejected argument that counsel and not defendant should be sanctioned for missing court deadlines and repeatedly ignoring court orders - - it “stretches credulity that Defendants have no idea how counsel is conducting this case.”)

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