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Old 09-11-2007, 10:08 AM
MiltonFriedman MiltonFriedman is offline
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Join Date: Feb 2006
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Default Re: iMEGA Reply brief ... First look, NOT good.

Try this link: http://www.gambling911.com/iMEGA--Re...l--9-10-07.pdf

The copy was much better.

Briefly, my gut feeling is that the Plaintiff will lose on standing because it does not appear to have identified association members' who are real and therefore have a real case or controversy for a Court to decide .... i.e. Saying you are an association and have standing because your "members" have standing begs the question if nothing is done to show the members' real case or controversy. The much better practice would have been to JOIN some individual plaintiffs, all it takes is ONE and then the Association can tag along for the case.

There is a reason why the ACLU joins individuals as plaintiffs. It works on "standing'.

Individual Plaintiffs can establish an injury in fact and a 'legally protected interest". An Association of unidentified memebers has a tough row to hoe on these points. The words "personal" and 'individual" permeate the iMEGA argument, but they miss the point I am afraid.

I'll finish reading this later, on ripeness et cetera, and will re-read the Standing section to see if I missed something.
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