Home -> Law Blog Directory -> State Law Blogs -> Showmeblawgs

State Law

: Showmeblawgs

By stan_sipple

Sprint's broadband radio division won a preliminary injunction against Michigan-based lessee of its broadband spectrum that wanted to merge with a Sprint competitor from the U.S. District Court Western District of Missouri. Eighth Circuit Court of Appeals affirms temporary injunction, finding all conditions for a temporary injunction under Dataphase Sys., Inc. v. C L Systems, Inc., 640 F.2d 109, 114 (8th Cir. 1981). Internet Law and Policy Blog. The Eighth Circuit applied Kansas law to determine whether Sprint was likely to prevail on the merits and that the public interest favored Sprint's complaint for a preliminary injunction. The Eighth Circuit finds irreparable injury to Sprint if the defendant's merger goes forward because broadband spectrum was a unique commodity. Further under Kansas law, Sprint was not estopped from seeking an injunction; although Sprint might benefit from the merger, Sprint did not encourage or mislead the defendant into seeking a merger. Rockers v. Kans. Tpk. Auth., 991 P.2d 889, 894 (Kan. 1999). On the balance of harm and the public interest the District Court found in favor of Sprint as did the Eighth Circuit. Since "nothing in Detroit" was up and running, the defendant was not missing out on entering the wireless Internet market in Detroit because no other providers had started to serve the area.

072189P.pdf 11/29/2007 PCTV Gold v. SpeedNet U.S. Court of Appeals Case No: 07-2189
U.S. District Court for the Western District of Missouri - Kansas City Bye, Author, with Benton and Shepherd, Circuit
Judges

Full post as published by Showmeblawgs on January 06, 2008 (boomark / email).