On May 1, 1996, Judge John S. Martin denied motions of West
Publishing Company to dismiss Matthew Bender & Company in Matthew
Bender & HyperLaw, Inc. v. West Publishing Co., 94 Civ. 0589, United
States District Court, Southern District of New York. The basis of
the motion was that under Constitutional standards of case or
controversy, the court lacked jurisidiction.
Because West disputed certain factual claims of HyperLaw, the Court
ordered an evidentiary hearing with respect to the West motion to
dismiss HyperLaw. The hearing will be held in June or July.
In the meantime, HyperLaw has written to Judge Martin to alert the
New York federal court that in a similar action originally filed by
Oasis Publishing in Florida and then on a West motion transferred to
Minnesota where West has the favorable 1986 West v. Mead precedent,
West had conceded constitutional jurisdiction even though Oasis
alleged far less on this issue than either Matthew Bender or HyperLaw
alleged and proved.
The New York opinion may be found on HyperLaw's Web Site listed
below.
Alan
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:: Alan D. Sugarman Federal Appeals on Disc tm CD-ROM ::
:: President Opinions of US Courts of Appeals ::
:: 1993 to Date - All Circuits ::
:: HyperLaw, Inc. Registered Trademark ::
:: P.O. Box 1176 DO NOT SHORT CIRCUIT YOUR CLIENTS ::
:: New York, NY 10023 ::
:: sugarman@hyperlaw.com 212-787-2812 212-496-4138(fax) ::
:: ::
:: http://www.hyperlaw.com ::
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