NRA v. Ackerman, Virginia

NRA’s Opposition to Ackerman’s Plea in Bar

October 1, 2019

Filing Summary

This brief includes the NRA’s response to Ackerman’s argument that the NRA’s lawsuit should be dismissed because it was never authorized by the NRA board of directors.  In making the argument, the NRA argues that Executive Vice President has broad discretion and power to direct the affairs of the NRA (including the commencement of litigation). 

Key Points

  • The NRA argues the “NRA Bylaws are broad and vest in Mr. LaPierre the capacity as EVP and CEO to authorize the filing” of the actions against Ackerman. (p.3)
  • In an attached Declaration (Exhibit 1), Wayne LaPierre attests that he directed the filing of the lawsuits against Ackerman McQueen.  He claims to have done this “on or around April 12” with respect to the first suit, and “on or around May 22” with respect to the second suit. The NRA Bylaws are included as Exhibit A to the LaPierre Declaration.
  • NRA General Counsel John Frazer attests that it is not the practice of the NRA to seek board approval for the commencement of litigation. (p.4)