Fisherman, lawyers mull new at-sea monitoring suit
They lost in U.S. District Court in New Hampshire last summer and failed to have that decision overturned in federal appeals court in Boston this spring. Still, New Hampshire groundfisherman David Goethel and his legal team may not be done in their legal challenge of the federal government’s ability to shift the costs of at-sea monitoring to groundfishermen. “We’re still assessing all of our legal options at this point,” said Julie Smith, one of the lawyers from Washington D.C.-based Cause of Action Institute that has represented Goethel and Northeast Fishing Sector 13 in the initial federal lawsuit and appeal. Smith declined to be more specific, but clearly the options are limited: Goethel and his lawyers could swing for the fences and petition the U.S. Supreme Court to hear their case, hoping it would overturn the April decision by the U.S. Court of Appeals upholding the judgment in the original lawsuit filed in U.S. District Court in Concord, New Hampshire. click here to read the story 08:57
I don’t know, but isn’t rather unusual for a judge to offer up an opinion or statement of judgement without hearing a case? It is as if he was trying to affect the future outcome of a case without even hearing it! I would really like to hear a legal opinion on this, but excuse me if I think & feel that this was an attempt to intimidate the plaintiffs, & affect the future considerations of continuing to seek legal recourse!
Jim Kendall – NBSC
May 19, 2017
Federal regulation being heard in federal court? The word kangaroo comes to mind.