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The Courts

Motion To Delay Sanctions Against Prenda Lawyers Denied 68

Posted by Unknown Lamer
from the this-is-the-end dept.
rudy_wayne writes with news that the Prenda lawyers recently sanctioned by a federal judge are starting to face consequences. From the article: "On Friday, Paul Hansmeier, a Minnesota attorney who has been pointed to as one of the masterminds of the Prenda copyright-trolling scheme, filed an emergency motion to stay the $81,000 sanctions order while he and his colleagues could mount an appeal. Today the appeals court flatly denied his motion. Two appellate judges signed this order, and it gives Hansmeier the option to make a plea for delay with the district court judge. That would be U.S. District Judge Otis Wright, the judge who sanctioned Hansmeier in the first place. Hansmeier is also getting kicked off a case he was working on that was totally unrelated to Prenda's scheme of making copyright accusations over alleged pornography downloads. On Friday, the 9th Circuit Commissioner ordered Hansmeier, in no uncertain terms, to withdraw from a case involving Groupon since he has been referred to the Minnesota State Bar for investigation. The commissioner has delayed Hansmeier's admission to the 9th Circuit because of Wright's order, which refers to Wright's finding of 'moral turpitude.'"
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Motion To Delay Sanctions Against Prenda Lawyers Denied

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  • by Anonymous Coward on Monday May 20, 2013 @07:44PM (#43777521)
    I need a bigger monitor. I had a hard time reading all that with the massive erection the summary gave me. Seriously, this is fucking awesome. We're talking, distilled, 180 proof justice-porn here.
  • More shady business (Score:5, Informative)

    by amicusNYCL (1538833) on Monday May 20, 2013 @07:56PM (#43777559)

    If you've been following the coverage on Popehat or FightCopyrightTrolls, you'll know that the Groupon class-action case is another one of Hansmeier's schemes to make money. He has a few cases where someone in his family files as an objector in a class-action case at the 11th hour (meaning that they are going to hold the case up and not let it settle, unless they get a nice payout of course), and then Hansmeier himself acts as the attorney for the objector. There are theories that he simply files the objections himself under a family member's name, and then proceeds to represent them. The objector in the Groupon case is Padraigin Browne, Hansmeier's wife (and a patent attorney). He's also represented his father, another attorney, in other class-action cases. I like how the judge ordered Hansmeier to provide proof to the court that he notified his client (wife) that he wasn't eligible to represent her.

    • Great, another family of lawyers. Any chance we could pit them against WBC and kill >0 bird with 1 stone?
      • by meerling (1487879)
        Even the WBC has some standards and morality.
        Countable on one hand and needing a microscope to view, but still.
        Besides, they may enter into a symbiotic relationship if forced together, so it's better for those parasites to be dealt with separately.
        • Even the WBC has some standards and morality.

          HAHAAHAAAAAhaaahaa!
          I'm sorry, but you lost me there.

        • by Runaway1956 (1322357) on Monday May 20, 2013 @10:16PM (#43778243) Homepage Journal

          Standards?

          1 watch newspapers for high profile deaths
          2 show up at funeral
          3 stage shockingly objectionable protest
          4 be assaulted and/or insulted
          5 file suit against grieving relatives for violation of civil rights

          It's hard to see that WBC has any standards, or that those nonexistent standards might be any higher than the Prenda lawyers. I'd like to see someone like Judge Wright get hold of the WBC bunch.

        • by Ziest (143204)

          Even the WBC has some standards and morality.

          We sent National Geographic out in search for their "standards and morality" but they have found a Unicorn and the fountain of youth....

    • by sconeu (64226)

      For proof, I guess he could show the court his balls, after his wife has cut them off...

    • by Firethorn (177587) on Tuesday May 21, 2013 @01:24AM (#43778929) Homepage Journal

      here are theories that he simply files the objections himself under a family member's name, and then proceeds to represent them.

      You know, this makes me wonder what goes on with these types of lawyer. I mean, as I've aged I've realized that not all lawyers are scummy, it's a bit like bad cops - one scummy lawyer slimes an awful lot of other lawyers. Thing is, they always seem to be experienced lawyers, and generally get smacked by the 'disbarment' stick sooner or later, normally fairly quickly(within a couple years, out of a possible 40 year career).

      So is it a case of where they start out following the ethics guidelines the classes taught them, but end up pushing the edge and pushing the edge until they go too far, with the process generally taking years, as they slowly become disillusioned and greedy?

      • Ninety percent of lawyers give the rest a bad name.
      • like Fields studied the Bible. "looking for loopholes."

      • So is it a case of where they start out following the ethics guidelines the classes taught them, but end up pushing the edge and pushing the edge until they go too far, with the process generally taking years, as they slowly become disillusioned and greedy?

        You'd hope that they start out ethical. Judge Wright in California said that their porn trolling cases were basically allowed because they found the nexus of outdated copyright laws, a paralyzing social stigma for the defendant, and potentially expensive litigation that people want to avoid. It just seems like the lawyer's version of a get-rich-quick scheme. They can interject into class action suits and extract a payment that way with minimal effort, they can monitor bittorrent and send settlement lette

      • So is it a case of where they start out following the ethics guidelines the classes taught them, but end up pushing the edge and pushing the edge until they go too far, with the process generally taking years, as they slowly become disillusioned and greedy?

        I suspect novice lawyers who so happen to lack scruples are uncertain about what they are likely to get away with, so they start out not behaving egregiously scummy. At times goes on, the scummy lawyers eventually figure out "cash cows". The "cash cows" are improved in their moneymaking aspect with volume. Volume in legal gray areas breeds minor mistakes. Minor mistakes breed complacence that leads to major mistakes. Every major mistake brings a small chance of pissing off an unusually astute judge.

  • The /. summary is just short of 60% of the article! (By word count.)

  • The roasted flesh of sanctioned lawyers is like sweet, tangy, smokey, savory BBQ baby back ribs. I just made myself hungry. More lawyers on the coals!
  • Not so great summary (Score:5, Informative)

    by Dachannien (617929) on Monday May 20, 2013 @08:52PM (#43777817)

    The summary didn't do a good job of explaining the appellate court order in this case. The judges were essentially saying that the issue was not ripe for consideration at their level, because Hansmeier needs to make the request in district court and have it denied there first. He can appeal the district court's refusal to issue a stay, but only after that decision is actually made.

    • If I were the judges here I would not be worrying about his obviously lacking morals as much as his completely lacking law competency.

      • by Anonymous Coward

        They're actually being nice to him by telling him exactly what to do (make the stay request at the relevant level), and after he does that they'll consider it then (i.e. "No, but feel free to try again" versus "No, and don't bother trying again"). If he's too dumb to figure that out after being told what the right procedure is, then he should just pay the fine, withdraw from the bar, and work on a new career.

    • by PhxBlue (562201)

      The summary didn't do a good job of explaining ...

      That's pretty much any summary on /. ever.

  • Good one, judges. Please follow it thru to the completion and make an example out of these vile cretins.
  • by Anonymous Coward

    Moral Turpitude is a prerequisite for copyright and patent attorneys.

  • hah (Score:2, Flamebait)

    by WGFCrafty (1062506)

    His morals may be fucked but his tears taste like honey..

  • "Will this never-ending series of PLEASURABLE EVENTS never cease?"

Nature, to be commanded, must be obeyed. -- Francis Bacon

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