Burnett had filed suit against the San Jose Mercury News, which reported the story, and Sara McBurnett, Leo's owner. He was seeking at least $1 million for libel, "mental pain and anguish, humiliation, embarrassment, fright and shock and mortification."

McBurnett's attorney argued the statute of limitations had run out on Burnett's claims, and the Judge agreed, ordering Burnett to pay 3-thousand dollars in legal and court costs.

The case brought national attention, and a campaign ensued to find Leo's killer, who had attacked the dog in a road rage incident after a fender bender.

McBurnett told the press she was relieved the final chapter in this troubling and painful story had ended.