Recall that in December of 2008, the government filed an action about the money Ed Peters had turned over to them (they said it was what was left of his million dollar fee in Wilson v. Scruggs). Wilson’s lawyers jumped into the case, claiming that the money should rightfully be his. The government filed a motion to strike Wilson’s claim (which I described in detail, along with some details about the claim itself, here), I described the gist of the governmetn’s position:
Wilson responded (described here) last Spring, and there the motion sat. Meanwhile, the district judges in north Mississippi recused themselves from the case, and the Fifth Circuit assigned it to Judge David Hittner of Houston, Texas. Today, Judge Hittner overruled the government’s motion to strike with essentially no explanation. The order is here. This means that the case will go forward, presumably.
Read more and fine links at http://nmisscommentor.com