FCC v. AT&T · ¶44

Textual implausibility aside, the carriers' theory proves too much. Reputational harm may befall any party in the preliminary stage of a legal proceeding. The filing of a complaint may trigger negative press. So too may the filing of an indictment against a criminal defendant. And plaintiffs or prosecutors might dismiss the complaint or indictment before the case proceeds to a trial. See Fed. Rule Civ. Proc. 41(a)(1)(A)(i); Fed. Rule Crim. Proc. 48(a). Yet this has never been thought to pose a Seventh Amendment problem.

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