View Single Post
Old 06-22-2005, 01:37 AM  
martyVP
Confirmed User
 
Join Date: Aug 2004
Posts: 1,917
Why is the 2257 lawsuit in Denver? (answere inside)

For those of you not aware of this, the lead plaintiff is the Colorado chapter of the Free Speech Coalition. The venue rules (28 U.S.C. 1391) require that a suit like this be brought either where any plaintiff is located or where the federal agency is located. Thus, the choices for that plaintiff were the district court in Colorado or Washington, D.C.

Of significance, the Sundance case, which the government contends is wrong and which threw out the "secondary producer" requirements, was decided in the 10th Circuit, and Colorado is in the 10th Circuit. The court is therefore bound by the Sundance case, which makes the plaintiff's chances of an emergency injunction much better.
martyVP is offline   Share thread on Digg Share thread on Twitter Share thread on Reddit Share thread on Facebook Reply With Quote