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AT&T’s Motion For Prelim. Injunction Denied
In a well reasoned opinion dated October 27, 2011 U. S. District Court Judge Eldon Fallon denied a request by AT&T for a preliminary injunction enjoining enforcement of an Ordinance enacted by the New Orleans City Council in August of 2011. AT&T's request for a preliminary injunction was part of a suit for declaratory and injunctive relief commenced by AT&T shortly after the Ordinance's enactment. The Ordinance at issue imposes a fee of 5% of the gross revenues earned by AT&T from telecommunications customers in New Orleans, Louisiana and was intended to replace an unjust enrichment judgment rendered by Judge Fallon in favor of the City of New Orleans in a lawsuit filed against AT&T in 2009 and aimed at determining the appropriate amount AT&T should pay to the City for the use of its rights of way. The 2009 and 2011 cases have been consolidated and the 2009 case is on appeal to the U. S. Court of Appeals for the 5th Circuit. Recognizing the overlap of issues in the consolidated cases and the appeal and cross appeal of the 2009 case Judge Fallon in addition to denying the preliminary injunction requested by AT&T stayed all further proceedings at the trial court level pending a definitive ruling by the 5th Circuit Court of Appeals. The City is represented in the consolidated cases and in the appeal and cross appeal of the judgment obtained in the 2009 suit by Bill Aaron and DeWayne Williams of Aaron, PLC and Carl Butler of Leblanc Butler. The City Council is represented by Basile Uddo and Jay Beatmann, and AT&T is represented by Ned Bergin and Patrick Vance of the Jones Walker law firm.
