Posts Tagged ‘loser pays’

Righthaven update

Having defeated a Righthaven suit filed against the political site Democratic Underground, lawyers from the Electronic Frontier Foundation now would like the court to award attorneys’ fees. [Kravets, Wired “Threat Level”] Among the claims advanced by EFF in that case were that Righthaven had engaged in barratry and champerty, concepts familiar to many Overlawyered readers if in desuetude in some sectors of the legal world these days. It had also pointed out that some of the newspapers facilitating the suits themselves, or websites they operate, appear to engage in or encourage practices that might be considered wrongful under Righthaven’s theories, such as “cutting and pasting” potentially copyrighted text.

Separately, Groklaw has analyzed what happened in one sample case. Of the furor aroused by the lawsuits, “I think the benefits are worth the negative publicity,” said one executive with the Las Vegas Review-Journal’s owner at a September panel.

The entrepreneurial copyright litigation firm has also now signed up the Denver Post as a new affiliate, and has made a splash by suing the owner of the Drudge Report over its use of a photo allegedly swiped from the Colorado newspaper, an offense (if proven) presumably not as readily defended under “fair use” doctrine as some others over which it has sued.

November 30 roundup

  • Sooooo glad to be an American: that’s how Patrick at Popehat feels following latest Canadian-libel-law outrage directed at conservative blogger Ezra Levant (& see comments for alternate view);
  • Obama has pardoned more turkeys than people. Why? [Dan Froomkin, HuffPo]
  • “Reforming medical malpractice liability through contract” [Michael F. Cannon, Cato Institute working paper, PDF]
  • Memoir of jury foreman in criminal case [Tux Life]
  • Not too sharp: Massachusetts school district disavows policy of not letting students bring pencils to school [Slashdot]
  • State governors have big plans for liability reform. Maybe even loser-pays? [Carter at PoL, more; Florida, Indiana, Tennessee, Texas]
  • Parent who sent buzzworthy demand letter to Kansas City school board is a jazz musician [Wayward Blog, earlier]
  • From comic books to violent videogames: “Our puritanical progressives” [George Will]

October 5 roundup

August 16 roundup

  • Former producer at “Oprah” show — yearning for the simpler life? — takes job at rough blue-collar outfit. One $500K harassment settlement later… [Des Moines Register]
  • “Insurer writing ‘loser pays’ policies to defendants” [LNL]
  • “$1.4 Million Award Reversed due to Attorney’s ‘Inflammatory’ Comments” [DBR]
  • New book examines shaky evidentiary basis of international criminal law convictions [Nancy Combs]
  • Litigation slush funds, cont’d: new Department of Justice rules steer public settlement money to private advocacy groups [York, Examiner]
  • Second Circuit upholds Judge Weinstein’s steps to curb conspiracy to evade protective order in Zyprexa case [Drug and Device Law, Dan Popeo, NYLJ] More from the busy Dr. David Egilman: “Plaintiff’s Expert Files Appeal in ‘Popcorn Lung’ Lawsuit” [On Point News and more] Also: “Being an Expert Expert Doesn’t Make You an Expert” [Zacher, Abnormal Use]
  • “FTC Seeks to Clarify — and Justify — Its Blogger Endorsement Guidelines” [Citizen Media Law]
  • “Winnebago cruise control” and suchlike urban legends are purposely devised and spread by sinister interests, or so claim L.A. Times and Prof. Turley [five years ago on Overlawyered]

Third Circuit: relative ability to pay not get-out-of-jail-free card against cost awards

Losing plaintiffs in a medical malpractice case “argued that it would be unfair to assess costs given the financial disparity between the parties,” but the court found that argument unpersuasive. It should be noted that the “costs” being shifted in this and most other federal cases do not include attorneys’ fees and most other big-ticket expenses of litigation. Or, as Beck et al put it in their summary of the case, “No, it’s not fee-shifting – but at least it’s something.”

New at Point of Law

Things you’re missing if you aren’t checking out my other site:

January 18 roundup

New at Point of Law

Things you’re missing if you’re not reading my other site: