NewYorkCountryLawyer writes: "Once again the RIAA has dropped a case "with prejudice", this time after concluding it was the defendant's daughter, rather than the defendant, that it should have sued in the first place. In a White Plains, New York, case, Lava v. Amurao, mindful that in similar scenarios it has been held liable for the defendant's attorneys fees (Capitol v. Foster and Atlantic v. Andersen), the RIAA this time went on the offensive over its attorneys fee exposure, even though there was no attorneys fee motion pending, arguing that it was the defendant's fault — and not the RIAA's — that the record companies sued the wrong person, because the defendant didn't tell them that his daughter was the file sharer they were looking for."
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