BROOKLYN LEGAL SERVICES CORP. B and Legal Services for New York City, on their own behalf and on behalf of their clients, et al., Plaintiff-Appellee-Cross-Appellants,
Community Service Society of New York, Inc., et al., Plaintiff-Cross-Appellants,
Carmen Velazquez, et al., Plaintiffs,
v.
LEGAL SERVICES CORPORATION, Defendant-Appellant-Cross-Appellee,
United States of America, Intervenor-Defendant-Appellant-Cross-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 2, 2005.
Decided September 8, 2006.
Attorney(s) appearing for the Case
Stephen L. Ascher, New York, N.Y. (Alan Levine, Kronish Lieb Weiner & Hellman LLP, New York, NY, of counsel), for Defendant-Appellant-Cross-Appellee.
Matthew M. Collette, Washington, D.C. (Peter D. Keisler, Assistant Attorney General, Roslynn R. Mauskopf, United States Attorney, Barbara L. Herwig, Civil Division, U.S. Department of Justice, Washington, D.C., of counsel), for Intervenor-Defendant-Appellant-Cross-Appellee.
Burt Neuborne, Brennan Center for Justice, New York, N.Y. (Peter M. Fishbein, Joseph M. Drayton, Kaye Scholer LLP, New York, NY, on the brief; Laura K. Abel, David S. Udell, Rebekah Diller, Brennan Center for Justice at NYU School of Law, New York, NY, of counsel), for Plaintiff-Appellee-Cross-Appellants and Plaintiff-Cross-Appellants.
James D. Liss, New York, N.Y. (James H.R. Windels, James J. Duffy, Davis Polk & Wardwell, New York, NY, of counsel), filed a brief for the National Legal Aid & Defender Association, et al. as Amici Curiae.
Jonathan L. Hafetz, New York, N.Y. (Lawrence S. Lustberg, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, New York, NY, of counsel), filed a brief for the Council on Foundations, Inc., et al. as Amici Curiae.
James L. Quarles III, Washington, D.C. (Elizabeth A. Wilson, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; Richard A. Johnston, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, of counsel), filed a brief for the National Association of Iolta Programs as Amicus Curiae.
Jason Brown, New York, N.Y. (George Kendall, Rachel Nash, Holland & Knight LLP, New York, NY, of counsel), filed a brief for the Association of the Bar of the City of New York, et al. as Amici Curiae.
Before CARDAMONE, McLAUGHLIN, and B.D. PARKER, Circuit Judges.
United States Court of Appeals, Second Circuit.
CARDAMONE, Circuit Judge.
When one of the cases of this consolidated appeal was before us seven years ago, we set out some guidance on the law, which the district court either misinterpreted or missed. If the latter, such forgetfulness is understandable because we know that even Homer nodded.1
We have before us an appeal and several cross-appeals from a preliminary injunction entered in the United States District Court for the...
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