Miscellaneous

If the  Feds Oppose Him, Tennenbaum (and Nesson) Must be Right! – Joel Fights Back

Joel’s last chance before Massachusetts Federal District Court Judge Gertner (“Joel Fights Back”) is his post-judgment motion to set aside or reduce the damages award against him on the grounds that the judgment is unconstitutional – after all, what government would punish a student to the tune of tens of thousands of dollars for a crummy mp3 download he could have purchased for less than a buck?  Ours, of course.

Joel’s Harvard Prof. lawyers filed a motion – punitive and unconstitutional, said they.

The DOJ disagrees.  Quite proper, say they, per brief below.

It’s not for me to say, but I’m thinking that there are some pretty big egos on the defense side of this case.  Nothing wrong with that, of course ….. 😉

DOJ Tennenbaum Post-trial Brief Read the full article

Guest post by Gesmer Updegrove attorney Nancy Cremins.

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On December 1, 2009, the Massachusetts Superior Court announced the implementation of a Discovery Pilot Project in the Superior Court’s Business Litigation Session (BLS). A link to the press release announcement is here, and the text of the Project here.

The BLS Discovery Pilot Project will be implemented on January 4, 2010 and was developed as the result of a joint effort of the BLS judges and the BLS Advisory Committee, in an effort to address the increasing burden and cost of civil pretrial discovery, particularly electronic discovery.

The BLS Pilot Project incorporates some of the principles set forth in the March 2009 Final Report of the American College of Trial Lawyers Task Force on Discovery and the Institute for Advancement of the American Legal System, which (no surprise) found the civil justice system “in serious need of repair.”

The guiding principal of the BLS Pilot Project is to tie the scope of discovery to the magnitude of the claims at issue.… Read the full article

Just kidding, but Columbia Law School’s Altlaw, which I’ve used off and on, really is shutting down:

Nov. 19, 2009.  Earlier this week, Google announced the addition of legal cases to Google Scholar. It’s good, very good. But you don’t have to take our word for it: try it out yourself.

Everything we have done or planned to do with AltLaw, Google has does better. What else would you expect? Search is their core business; they have hundreds of brilliant engineers, a vast computing infrastructure, and billions of dollars invested in it. . . .

Therefore, we are happy to announce that Project AltLaw (Phase One) is complete. We will continue to maintain the web site and search service for a few months, but we will not be adding new features or new content. AltLaw.org, in its current form, will shut down in early 2010.

Aiding and Abetting Prostitution?  Wa?! I'm an Internet Executive - I Sure Hope My Mom Doesn't Read That!

“We opened an investigation at 5:01 on Friday, as promised. . . . We are preparing for a prosecution. We are investigating. We are moving forward. . . . . The #1 defendant is Mr. Jim Buckmaster, who is the man in charge of Craigslist.. . . . Craigslist is a big promoter and facilitator of prostitution.”

South Carolina Attorney General, on Sunday, according to the Craigslist Blog.

Hmmm, this is the kind of thing that is protected by Section 230 of the Communications Decency Act, assuming that the South Carolina AG is referring to third party postings.  Somehow I doubt that Mr. Buckmaster has become a South Carolina pimp.

Apparently, law enforcement authorities in SC have been particularly aggressive in their comments about Craigslist. Why did Craigslist file this suit? The most obvious reason, from a semi-legal perspective, is to get into federal court in that state, rather than be subject to the whims of a state court judge that may not “get” the CDA.… Read the full article