Much as a Denver federal judge would love to hear all about how local boy and Dish Network founder Charlie Ergen illegally, immorally and unconscionably conspired to destroy everyone’s favorite white knight, he’s afraid he simply doesn’t have the jurisdiction to hear the Harbinger founder’s $1.5 billion-plus racketeering lawsuit. Falcone is welcome to try his hand in a more appropriate venue, however.
In Tuesday's decision, Martinez said Harbinger could have pursued its civil claims in a 2013 lawsuit it filed in the bankruptcy court.
He said the claims did not belong before him because courts prefer to avoid "claim splitting," and to have all claims arising from one set of facts addressed in a single lawsuit.
Martinez said Harbinger could still pursue its claims in an appropriate forum if it wished.