Early analysis .... why praying for Wire Act relief too is dangerous
1. Associational standing will not suffice if the unerlying members have no colorable injury. It is standard to add at least ONE plaintiff with a clear injury, which is what the ACLU does. Then the association can proceed with the litigation.
2. As for the Wire Act prayer for relief, the point I am making is that no federal judge is going to enjoin enforcement of an Act with 40+ years of history ... the equity balance is not there. How do you show a likelihood of success on the merits if you are covered by the Wire Act.
The DANGER of a Wire Act prayer for relief is precisely that it raises in a new Circuit the whole issue of whether the Wire Act extends beyond sports. They are giving DOJ a free bite at that apple.
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06-07-2007, 02:04 PM
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