Defendants File Motion for Sanctions Against Righthaven Counsel Shawn Mangano

Defendants' Newsblaze LLC and Alan Gray filed a motion in federal court Tuesday asking the court to impose sanctions on Shawn Mangano, counsel for Righthaven LLC for "unreasonably and vexatiously multiplying the proceedings" in their case. The defendants say they bring the motion reluctantly, but believe Righthaven's litigation campaign in their case has gone "beyond zealous advocacy" and has become "vexatious, unnecessarily multiplicative, and purposely wasteful." Defendants ask the court to impose sanctions of $11,925.50 -- the amount of defendants' attorneys' fees since July 2011.

Though sought with great reservation, the facts of this case and Mangano’s conduct across numerous cases in this district cry out for the imposition of sanctions under 28 U.S.C. § 1927. Months after Righthaven’s lack of standing was determined by the Democratic Underground court and confirmed by at least six other decisions in this District, Righthaven’s counsel still requires defendants to litigate the same precluded issues, either seeking to create inconsistent precedent or punish assertive defendants who do not wish to settle. Whether this strategy was Mangano’s or Righthaven’s (to which Mangano acceded), it is ultimately Righthaven’s Counsel who decides what arguments are presented to the Court – and must bear the consequences of those actions.

See: Defendants' Motion for Sanctions Against Counsel
See: Related VEGAS INC article

Eiser's Attorneys Reject Demand; Offer Righthaven Chance to Settle by Paying $250,000

Righthaven Defendant Threatens to Seek Settlement Refunds
The Las Vegas Sun delivers a "shock and awe" update in the Righthaven lawsuit against activist and blogger Dana Eiser of South Carolina. Journalists, lawyers and interested persons following Righthaven copyright lawsuits must read this article in full, along with its associated PDF files.

A South Carolina woman sued by Las Vegas copyright enforcer Righthaven LLC escalated her counter-attack on Sunday, arguing Righthaven should refund hundreds of thousands of dollars it has obtained in dozens of lawsuit settlements worldwide since May.
Attorneys for the woman, Dana Eiser, based their refund claim on charges that Righthaven in its lawsuits regularly threatens to seize the website domain names of defendants -- and that this demand is improper and is used to coerce defendants into settling.
Eiser also released emails in which an attorney for Righthaven gave Eiser the opportunity to settle by paying Righthaven $15,000. Eiser's attorneys rejected this demand and instead gave Righthaven the chance to settle by paying Eiser $250,000.

See: Article in full | View: Eiser motion for sanctions and Eiser counterclaim

Excerpt of emails released:

From: Ikenna Odunze (Righthaven attorney)
Sent: Friday, February 25, 2011 1:00 PM
To: Todd Kincannon (Eiser attorney)
Cc: Anne Pieroni; Steven Ganim (Righthaven attorneys)
Subject: RE: CONFIDENTIAL: Righthaven v. Eiser; 2:10-cv-3075-RMG
--snip--
Kindly convey to the Defendant(s) that you represent in this matter, that Righthaven makes an offer to compromise and fully settle this matter for $15,000.00 to be paid in two payments over a two (2) month period, first payment within five days of the effective date in a finalized agreement...

Excellent lawyering by South Carolina firms: The Kincannon Firm, Horger and Connor LLC and Coastal Law LLC. Way to play hardball by placing a red-hot skillet under Righthaven and by standing up for Eiser and the many other innocents who have been targets of these predatory lawsuits.