RightHaven – Overlawyered

“Why Were None of the Righthaven Lawyers Disciplined?”

Walter Olson — Thu, 09 Apr 2015 04:05:57 +0000

The courts themselves reacted vigorously against the legal shenanigans of a copyright-mill mass filing enterprise built on the IP rights of the Las Vegas Review-Journal. Nevada bar discipline authorities, however, didn’t: “disciplinary matters have a higher standard of proof than almost all civil matters in a judicial setting.” [Nicole Hyland, Orange County Register, earlier]

Tags: ethics, legal discipline, Nevada, RightHaven

“Why Were None of the Righthaven Lawyers Disciplined?” is a post from Overlawyered - Chronicling the high cost of our legal system

“Copyright troll Righthaven finally, completely dead”

Walter Olson — Sun, 12 May 2013 17:29:49 +0000

Judge Clifton of the Ninth Circuit (via ArsTechnica):

Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so,” the opinion begins.

Before us is a case about a lawyer who tried to establish that a company owned a copyright by drafting a contract calling the company the copyright owner, even though the company lacked the rights associated with copyright ownership. Heeding Lincoln’s wisdom, and the requirements of the Copyright Act, we conclude that merely calling someone a copyright owner does not make it so.

Tags: copyright, RightHaven

“Copyright troll Righthaven finally, completely dead” is a post from Overlawyered - Chronicling the high cost of our legal system

January 31 roundup

Walter Olson — Tue, 31 Jan 2012 05:06:21 +0000

Latest of periodic Towers Watson (formerly Towers Perrin/Tillinghast) surveys: tort costs fell in 2010 excluding oil spill liability [Towers Watson]
“Will Newt Neuter the Courts?” [James Huffman, Defining Ideas] Obama’s high court appointees are fortunately friendlier toward civil liberties than he is [Steve Chapman]
Unanimous Cal Supremes: companies not legally responsible for other companies’ asbestos products used as replacement for theirs [Cal Biz Lit, Jackson, Beck, Mass Tort Prof]
Claim: jurors considered policy implications of verdict and you can’t have that [On Point; defense verdict in Baltimore, Maryland school-bullying case]
Airfare display mandate: “‘Protecting’ Consumers from the Truth About the Cost of Government” [Thom Lambert, TotM]
Critical assessment of AP-backed new copyright aggregator “NewsRight” [Mike Masnick] Promises not to be “Righthaven 2.0” [Cit Media Law]
Restatement (Third) of Torts drafters vs. Enlightenment scientific views of causation [David Oliver in June]

Tags: airlines, asbestos, Baltimore, Barack Obama, bullying, California, deep pocket, juries, Newt Gingrich, RightHaven, taxes, Tillinghast, toxic torts

January 31 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

December 30 roundup

Walter Olson — Fri, 30 Dec 2011 05:03:05 +0000

“Copyright troll Righthaven in its death throes, domain going up for auction” [Cory Doctorow, BoingBoing]
Controversy over litigation finance continues [WaPo, NYPost]
Presumably unrelated to above: “Unpaid Bills Land Some Debtors Behind Bars” [NPR]
“Rent Control Violates Property Rights and Due Process” [Ilya Shapiro and Trevor Burrus, Cato, on Harmon v. Kimmel cert petition]
Child abuse horrors result in dubious policy proposals including moves to abolish statutes of limitation, cast wider mandatory-reporting net [Howard Wasserman/PrawfsBlawg, Kyle Graham/Concurring Opinions]
Schwab IRA class action settlement: lawyers get $500K while benefit to class is unclear [Lawrence Schonbron, Washington Times]
“State Court Challenges to Legislatively Enacted Tort Reforms” [Andrew Cook and Emily Kelchen, Federalist Society “State Court Docket Watch”]

Tags: child abuse, class action settlements, debtor-creditor law, litigation finance, RightHaven, statutes of limitations

December 30 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

November 22 roundup

Walter Olson — Tue, 22 Nov 2011 05:35:53 +0000

Furor continues over insider trading by Congress [Roger Parloff/Fortune, Bainbridge (“unimpressed” with reform proposal entitled STOCK Act), earlier] Rep. Bachus disputes claims in Peter Schweizer book [AW, Perry]
“Fort Hood victims’ families seek $750M from feds” [Kenneth Timmerman, Daily Caller]
“Chicago Lawyer Sues Southwest, Says Airline Breached Free-Drink Coupon Contract” [ABA Journal]
“Lawyer Solicitation: Penn State Sex Abuse Edition” [Turkewitz] Slate slags Merck CEO [Ted Frank]
Akaka Hawaii-racialization bill, smuggled in through the back door? [Ilya Shapiro, background]
Suits over Hurricane Irene electrical outages expected to spread [Connecticut Law Tribune, Chris Powell]
Fiasco envy? “RIAA Thinking Of Backing Righthaven” [Masnick, TechDirt] “Righthaven ordered to pay nearly $120,000 in attorney fees, court costs” [VegasInc., Ars Technica, American Power Blog]

Tags: airlines, contracts, Hawaii, military, RightHaven, Senate, terrorism, U.S. House of Representatives, Vioxx

November 22 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

A copyright troll’s downfall

Walter Olson — Wed, 02 Nov 2011 18:09:22 +0000

“US Marshals turned loose to collect $63,720.80 from Righthaven” [Nate Anderson, ArsTechnica]

Tags: RightHaven

A copyright troll’s downfall is a post from Overlawyered - Chronicling the high cost of our legal system

October 13 roundup

Walter Olson — Thu, 13 Oct 2011 05:36:49 +0000

Behind the antitrust assault on Google [Jerry Brito, Josh Wright, more]
Rapid rise of lawsuit lenders [WSJ] And a Searle Civil Justice Institute conference on third party financing of litigation;
More law firms muscle into class action against e-book publishers [PaidContent] Fifth Circuit questions cy pres [Trask] And a new edition of the Federalist Society’s Class Action Watch is out;
When the house painters announce they’re not leaving: “Britain plans to tighten anti-squatter laws” [NYT]
“Courts Call Out Copyright Trolls’ Coercive Business Model, Threaten Sanctions” [EFF] “Righthaven’s Copyright Trolling is a Bankrupt Idea” [Cit Media Law] More: Vegas Inc.
“Twombly is the Logical Extension of the Mathews v. Eldridge Test to Discovery” [Andrew Blair-Stanek via Volokh, Frank] “Four more reasons to love TwIqbal” [Beck] “O’Scannlain says 9th Circ has adopted ‘Iqbal lite’ pleading standard, ‘Same insufficient complaints, fewer dismissals!'” [@ScottKGraham on dissent in Starr v. County of Los Angeles, PDF]
Florida farms sell raw milk as (wink) “pet food” [Sun-Sentinel]

Tags: antitrust, class actions, cy pres, food safety, Google, litigation finance, pleading, RightHaven

October 13 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

September 14 roundup

Walter Olson — Wed, 14 Sep 2011 18:36:41 +0000

Large newspaper group drops RightHaven; “it was a dumb idea” [Kravets/Wired, more] Courtroom reverses for copyright aggregator assume a comic tone [BoingBoing, Slashdot, Corporate Counsel]
Dan Snyder drops suit against Washington City Paper [WCP, Wolfman/CL&P, Adler, earlier here, here, etc.] More reactions to TSAer’s lawsuit threat against columnist/blogger Amy Alkon [Treacher, Balko, Bader]
Jury declines to credit testimony about when victim took Children’s Motrin [Beck]
Mississippi high court strikes down widely noted $7 million lead paint verdict in Sherwin-Williams vs. Gaines [AP, Freeland, LNL, opinion]
“Is suing the bar a new drunk driving trend?” [NJLRA]
Decline of chemistry sets tells a story of fear and liability [John Browning, SETR, earlier]
“Expectedly pleasing,” that’s me [Katherine Mangu-Ward, Reason]

Tags: chemistry sets, dramshop statutes, lead paint, libel slander and defamation, Mississippi, pharmaceuticals, RightHaven

September 14 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

July 8 roundup

Walter Olson — Fri, 08 Jul 2011 11:23:34 +0000

New movie “InJustice: A Film About Greed and Corruption in America’s Lawsuit Industry” premieres on Reelz Channel July 11 [film website; Bryan Quigley, U.S. Chamber]
“Failure to Warn Suit Filed Against Tanning Salon” [AboutLawsuits via TortsProf; melanoma, Pennsylvania]
NYC: “Politically Tied Lawyers Win Jobs Handling Foreclosures in the City” [NYT]
Beldar tells a war story about the nature of de novo review, in the Prop 8 context;
“Viacom’s Sumner Redstone: The Mogul Named ‘Sue!'” [Johnnie L. Roberts, The Wrap]
Chairman of Dallas Fed salutes litigation reform’s role in Texas economic strength [CJAC; Rick Wartzman, L.A. Times]
“Righthaven cheerleader wanted by irony police” [Kurt Opsahl, EFF, Citizen Media Law] “Righthaven pressing for right to seize defendants’ websites, computers” [Vegas Inc. via @PogoWasRight]

Tags: mortgages, movies film and videos, NYC, RightHaven, Texas, tort reform

July 8 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Judge rules Righthaven lacks standing to sue, threatens sanctions over misrepresentations”

Walter Olson — Fri, 17 Jun 2011 06:04:55 +0000

A federal judge in Las Vegas today issued a potentially devastating ruling against copyright enforcer Righthaven LLC, finding it doesn’t have standing to sue over Las Vegas Review-Journal stories, that it has misled the court and threatening to impose sanctions against Righthaven. … [U.S. District Court Judge Roger] Hunt’s ruling today came in a 2010 Righthaven lawsuit against the Democratic Underground, operator of a big political website.

One of DU’s message board posters had reprinted without permission, but with link and credit, four paragraphs’ worth of an article under copyright to the Las Vegas Review-Journal, which is one of a number of newspapers with working agreements with RightHaven. And this part’s interesting:

In their counterclaim [which Judge Hunt allowed to proceed], attorneys for the Electronic Frontier Foundation (EFF), a digital free speech group based in San Francisco, hit Righthaven and Stephens Media with allegations of barratry (the alleged improper incitement of litigation); and champerty (an allegedly improper relationship between one funding and one pursuing a lawsuit)….

Some fans of entrepreneurial lawyering in the academy and elsewhere have sought to portray rules against barratry and champerty as wrongheaded survivals of a much older approach to the role of the legal profession. But it looks as if EFF — no one’s idea of a Blackstone-reading antiquarian club — just put those rules to powerful use. [Las Vegas Sun]

P.S. Bloggers who settled wonder: can we get our money back?

Tags: champerty, chasing clients, RightHaven, sanctions

“Judge rules Righthaven lacks standing to sue, threatens sanctions over misrepresentations” is a post from Overlawyered - Chronicling the high cost of our legal system