Search
  • 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.”)



If you would like to receive email notifications of new blogposts, go to the signup button above, leave your email, and you'll be alerted to updates.

32 views0 comments

Recent Posts

See All

New 2020 WOTUS Rule Challenge Filed

Two New Mexico tribes filed a new challenge to the 2020 WOTUS rule in the D. of New Mexico on March 29. This complaint sets itself apart from many of the others in that it asserts a failure to abide b

The CWA Blog is Retiring in June

Thirty-three years of practicing law is enough, and I'm retiring this year. Unfortunately, that also means the end of the CWA Blog. I've decided, after careful consideration, to send the Blog off into

Sackett Update

You will recall that the latest chapter of the long Sackett saga is that EPA filed a motion to dismiss the appeal as moot given that the old WOTUS rule, which is the basis of the Sackett challenge, is

© 2016 by Ryan & Kuehler PLLC.

  • Facebook Basic Black
  • LinkedIn Basic Black
  • Twitter Basic Black