BrianMis said:
I am under the impression that the permanent injunction wasn't issued until after Dish had a settlement in the works.
Okay. Then you need a recap...
The lawsuit was filed in 1998, by all four networks and all four affiliate boards. ABC and NBC dropped out over time.
When the case was heard in 2002 for the second time (because Dish Network won a retrial on the first case), the judge's decision in 2003 was to issue an injunction where Dish Network must requalify every one of their distant network subscribers.
Dish Network didn't like that they'd have to requalify all of their distant network subscribers. Therefore, they appealed to the Eleventh Circuit Court of Appeals. The four network affiliate boards cross-appealed for a permanent injunction of the distant network license, because they wanted Dish Network to settle. Instead, Dish Network felt there was no way a permanent injunction would be issued against the delivery of distant networks, so they pressed on.
The decision from the Eleventh Circuit Court of Appeals vindicated the four network affiliate boards: Dish Network violated the law in every way imaginable, and the Appeals Court told the lower court (District Court) to issue a permanent injunction.
Now, here is where I pause. If your boss tells you to do something, and it is lawful, you simply do it. In this instance, the Appeals Court stated the law must be followed, and a permanent injunction must be issued, and told the District Court to issue it.
I refer back to my earlier post:
1) Dish Network felt that the Appeals Court's decision was to harsh, even though the three judges were unanimous. However, there is a process where the entire sitting bench of the Eleventh Circuit Court of Appeals can be asked to re-rule on the case. Dish Network asked, and the request was denied.
2) So, the appeals process can continue on, by requesting help from the Supreme Court. Dish Network filed a request for an emergency stay of an injunction while Dish Network gathered their documentation for an appeal to the Supreme Court. That request was denied by Justice Thomas.
So, at this point Dish Network is left with a decision from the Appeals Court that is telling the District Court to issue an injunction. It was at this point Dish Network tries to settle.
It was too late. When a higher court mandates that a lower court perform a specific action, it must be followed.
The judge at the District Court level, Judge William Dimitrouleas, stated in his opinion that because the higher court directed him to issue an injunction, he must do so, irrespective of a possible "settlement".
So while you are correct in stating that the permanent injunction was issued after a settlement was reached, the settlement was void way before it was ever constructed.