I suspect the reason why the Coleman Franken case in the courts and not subject to a re-vote is one of the following: Franken, ACORN, et al would (easily) find a way to steal the election again, Minnesota laws possibly call for this to be handled by lawsuit, or I know for a fact that Coleman is saying that the election rules where not equally applied in all cases.
To me this reminds me of the 2004 Washington State Governor's election where that after the first and second counts the Republican Dino Rossi was ahead by a small amount then in the third count surprise surprise Democrat Christine Gregoire won, by 128 votes. Like in Minnesota in 2008, there were found ballots after the fact..
http://en.wikipedia.org/wiki/Washington_gubernatorial_elect ion,_2004