Here is today’s main ruling. The court strikes 13 of NRAs affirmative defenses, plus several by the individual defendants. In separate rulings, the court denied Josh Powell and Woody Phillips’ motions to dismiss.
Looking at NRA’s Answer, the defenses that the court struck included: All claims relating to the First Amendment and the NY Attorney General’s bias, selective enforcement of the law, and an attack on appointment of a financial monitor.
The ruling ends with, “ORDERED that, as soon as reasonably possible, the parties submit a joint letter proposing a trial plan and schedule so that the Court can reserve the necessary dates.”
To make a long story short, it was a disastrous day in court for NRA and its former officials. Again.
We’ve posted before on the NRA’s legal losses in court, and that posting has links to several others. So far the Brewer law firm has won one minor case for NRA, and lost or settled for millions several others. But the board continues to accept the empty promises.
More on Brewer’s track record in court. Here is the NY Attorney General’s press release crowing about this victory (and many earlier ones in this case).
NRA in Danger 
The day of reckoning cannot be avoided by NRA and the individual defendants by wasting millions of dollars challenging the indefensible. The afflictions to NRA come from its board and officers.
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and one of the judges putting the NRA into receivership to stop the indefensible of wasting millions of dollars!
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I’m not sure there’ll be any money left by then.
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Thank you for your continuing coverage of the slow decay of this civil rights org.
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The class action suit is in discovery, but once it get certified by the federal judge the NRA will have majors problems similar to NYAG.
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How could this brilliant lawyering have failed:
“With regard to his acceptance of compensation provided by the NRA and his acceptance of charter travel provided by the NRA, LaPierre was more a victim of bureaucratic confusion and deficiencies (by government officials), than the perpetrator”
because this case is actually about “the attorneys general who sat on their hands for a decade while the NRA provided charter service to LaPierre, since their failure to raise the issue of whether the NRA’s provision of charter travel was in compliance with New York law created the impression that they had no concerns about the NRA’s provision of charter travel.”
(quoted from the April 17, 2022 court filing)
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Regarding your statement “the attorneys general who sat on their hands for a decade while the NRA provided charter service to LaPierre, since their failure to raise the issue of whether the NRA’s provision of charter travel was in compliance with New York law,” it is not the attorney general responsibility to inform the NRA or any other NY nonprofit because the attorney general does not have the resources to do such.
1. That responsibility lies solely with the board of directors and NRA attorneys to understand New York regulations for nonprofits chartered in NY.
2. It is my understanding from several conversations with former director Joe Olsen who is a professor of law and STRONGLY recommended moving the charter to another state back in the late 1990s, but Lapierre et al killed it!
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