On October 27, 2010 in Essex Superior Court, Todd & Weld LLP successfully defeated an attempt by Candidate Bill Hudak to obtain a preliminary injunction restraining Congressman John Tierney, who represents Massachusetts' Sixth Congressional District, from engaging in political speech six days before the November 2, 2010 election.
Howard M. Cooper, Heidi A. Nadel, and Gilles R. Bissonnette represented Congressman Tierney. With less that 48 hours to respond to Mr. Hudak's request for a preliminary injunction and evidentiary hearing, Todd & Weld LLP submitted volumes of documentary evidence and sworn affidavits establishing that the political statements and advertisements published by Congressman Tierney about Mr. Hudak alleged to be at issue were all true, and that his lawsuit constituted an unlawful attempt to secure a prior restraint of political speech at the height of an election campaign. After being confronted with Todd & Weld's filing and arguments in court at oral argument, Mr. Hudak opted to withdraw his request for a preliminary injunction and dismiss his lawsuit; a stunning courtroom development. This result was a complete victory for Congressman Tierney in his effort to continue his work on behalf of citizens for the Sixth Congressional District. Congressman Tierney's victory was widely reported in the media.
“This is an amazing conclusion to nearly 48 hours of non-stop work where we were able to achieve a significant victory not only for Congressman Tierney, but for basic First Amendment principles that are especially sacred in the context of political campaigns,” said Heidi A. Nadel of Todd & Weld LLP.