Lanham Act lawsuit — Court Dismisses Liberty Lobby’s $14 Million Suit against LSF (10/1/2001)

Court Dismisses Liberty Lobby’s $14 Million Suit against LSF

October 1, 2001

U.S. District Court Judge Gladys Kessler on Wednesday, September 26, dismissed Liberty Lobby’s $14 million Lanham Act lawsuit against Legion for the Survival of Freedom, parent corporation of Institute for Historical Review. Liberty Lobby’s suit had also named IHR director Mark Weber and North Carolina attorney Kirk Lyons. Kessler dismissed the suit in response to a motion for summary judgment by LSF.

Although Liberty Lobby’s suit was defective from start to finish, Kessler focused primarily on the fact that the suit was filed on October 10, 2000, well beyond the June 7, 2000, deadline for filing such a suit. Kessler also ruled that, even if suit had been filed in a timely manner, it was improper for Liberty Lobby to bring this the suit after agreeing in July 1999 not to sue LSF again.

Liberty Lobby is expected to appeal this decision. Although Liberty Lobby supposedly went out of business in June 2001, it continues to support at least five attorneys — three in Washington, DC, one in New Jersey, and one in California — who are vigorously opposing efforts to recover million of dollars illegally diverted by Carto from a 1985 bequest to LSF.

For further information, see:

LSF’s motion for summary judgment
LSF’s reply brief
Judge Kessler’s explanation of her ruling
Judge Kessler’s ruling