The Republican challenging U.S. Rep. John Tierney has withdrawn a lawsuit claiming the Democrat defamed him in a TV ad.
Bill Hudak filed the suit on Monday and asked for an injunction to stop the ad from running. The Republican said Tierney had misrepresented Hudak's positions on several key issues.
Hudak's lawyer, Richard Wise, said he withdrew the suit on Wednesday after a Superior Court judge ruled that an evidentiary hearing could not be held until sometime after the Nov. 2 election, making the matter moot. Wise said Hudak had hoped to force Tierney to testify at such a hearing.
In a statement, the Tierney campaign called the suit "frivolous" and said it provided evidence backing up claims that Hudak supported a flat tax and the privatization of Social Security.
This program aired on October 27, 2010. The audio for this program is not available.