How improper joinder can end infringement cases once and for all…

I am very excited to see that judges are starting to get involved in the discussion of whether it is proper to sue tens, hundreds, or thousands of John Doe Defendants accused of downloading copyrighted films (usually pornographic in character, and using BT to do so) in one lawsuit. Just a few days ago, I … Read more

Judge Beryl Howell CREATES A SPLIT in the DC Court.

There is a balancing act in this post as to how to make it NOT deathly boring, and how do I convey the information you need to understand what you have in front of you. Here we go. Judge Beryl Howell once again issued a scathing opinion favoring copyright trolls and ruling against John Doe … Read more

“He loves me,” “he loves me not.” It can go either way in the Central District of California consolidations.

UPDATE (10/10/2012): “He loved her not.” All 33 cases severed and dismissed. Congratulations to all the Cashman Law Firm, PLLC clients who have been dismissed from these lawsuits. “He Loves Me, He Loves Me Not.” It appears as if us attorneys are playing a “he loves me, he loves me not” game watching Judge Klausner’s … Read more

Why California Malibu Media Case Consolidations are Bad.

malibu-media-case-consolidations

Case consolidations (until now) happened when a federal judge lumped together different cases which all suffered from the same flaws, e.g., improper jurisdiction, improper joinder, etc. and they dismissed them all in one order. This was a good thing! However, when a troll-friendly judge consolidates a plaintiff attorneys case to keep the cases alive, but to manage the dockets, e.g., to avoid inconsistent rulings, while this in itself is a good thing for the court (and for justice), it is a bad thing for the defendants accused in those copyright infringement cases.

AF Holdings, LLC v. Does 1-1,140 — Dismissed, but according to the plaintiff’s plan.

On Friday I wrote a scathing review of the AF Holdings, LLC v. Does 1-1,140 (Case No. 1:11-cv-01274) case dismissal, but I did not post it.  In short, congratulations to the Cashman Law Firm, PLLC clients (and all the others implicated in this case) who have been dismissed from the case. The difficulty I am … Read more