"matthew bender v. west", no. 94 civ. 0589, 1997 wl 266972 (s.d.n.y. may 19, 1997), "aff'd", 158 f. 3d 674 (2nd cir. 1998), "cert. denied sub. nom." "west v. hyperlaw", 526 u.s. 1154 (1999). west lost to hyperlaw in its appeal to the u.s. court of appeals for the second circuit and certiorari was denied by the u.s. supreme court.