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Law Professor Sues Above The Law

Orin Kerr • November 3, 2009 3:03 am

Ben Sheffner has the story, with legal analysis, over at Copyrights & Campaigns.

Categories: Uncategorized    

    15 Comments

    1. Hadur says:

      Hope he had tenure!

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      November 3, 2009, 3:24 am

    2. Blargh says:

      Yikes. Can you say Streissand effect? The last ATL post on Jones was about two years ago, but they’re sure to be resurrected now.

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      November 3, 2009, 6:37 am

    3. Patrick says:

      He’s teaches Crim Pro and Con Law. What does he need to know about Rule 11?

      (The photo montage of which Professor Jones complains, by the way, is scandalous. It is also priceless.)

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      November 3, 2009, 6:38 am

    4. David Nieporent says:

      I read the complaint yesterday. It’s hard to believe that the plaintiff is a law professor. Or a lawyer. The grammar and spelling are... creative. (Barack Obama’s name is spelled incorrectly, just for starters, and the complaint uses an apostrophe to make the word “lawyer” plural.

      And, (as the linked analysis points out), the underlying legal theories upon which it relies range from dubious to outright incorrect. Some could possibly be cured by repleading, while others are hopeless because they rely on causes of action that don’t exist.

      The linked analysis omits the fact that the complaint fails to properly plead diversity jurisdiction — the citizenship of the corporate defendant isn’t specified — although the complaint could theoretically have relied upon federal question jurisdiction for the copyright claim, if the copyright claim had been properly pleaded.

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      November 3, 2009, 8:39 am

    5. Tamerlane says:

      Sometimes it’s better just to move on. As a result of this ill-conceived lawsuit, the Professor’s heretofore relatively private embarassment will soon be spread all across the internet. I wouldn’t be surprised to see a link on the Drudge Report. What a nitwit!

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      November 3, 2009, 8:46 am

    6. Pragmaticist says:

      I read the complaint written by the tenured law professor and I winced. Affirmative action?

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      November 3, 2009, 9:20 am

    7. drunkdriver says:

      I assume his colleagues are embarrassed that a tenured prof filed something in a federal court, that would get a paralegal a reprimand if submitted even as a draft pleading at a good law firm.

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      November 3, 2009, 9:28 am

    8. Dudeman says:

      I assume his colleagues are embarrassed that a tenured prof filed something in a federal court, that would get a paralegal a reprimand if submitted even as a draft pleading at any good law firm; however, it may earn a passing grade as a first draft in a pretrial practice class.

      Fixed!

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      November 3, 2009, 9:36 am

    9. wfjag says:

      I understand that Florida has a SLAPP statute. Any thoughts on it’s applicability to this Complaint?

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      November 3, 2009, 10:53 am

    10. Steve says:

      Not every frivolous lawsuit is a SLAPP. A SLAPP generally has to be in retaliation for someone exercising their constitutional right to petition the government — not just a blog post that annoys you.

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      November 3, 2009, 11:39 am

    11. Ben Sheffner says:

      Florida actually has two anti-SLAPP statutes, but they are very narrow, and don’t seem to apply here:

      Fla. Stat. § 768.295 applies to SLAPPs brought by the government in response to the exercise of “the right to peacefully assemble, the right to instruct representatives, and the right to petition for redress of grievances before the various governmental entities” of Florida.

      Fla. Stat. § 720.304 (4) applies only to homeowners in a homeowners’ association. It protects a homeowner’s exercise of “the right to instruct his or her representatives or the right to petition for redress of grievances before the various governmental entities” of Florida. The statute, which applies to SLAPPs brought by individuals, business associations, and government entities, further explains that it is aimed at protecting against lawsuits arising out of a homeowner’s “appearance and presentation before a governmental entity on matters related to the homeowners’ association.” 

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      November 3, 2009, 12:37 pm

    12. The Volokh Conspiracy » Blog Archive » Prof. Donald Jones’ Lawsuit Against Above The Law says:

      [...] blogged about this below, linking to Ben Sheffner’s analysis at Copyrights & Campaigns. I agree with Sheffner that the [...]

      November 3, 2009, 12:49 pm

    13. How a Smart Person Can Look Stupid « Tim Nuccio’s Blog says:

      [...] Law Blog] Prof. Donald Jones’ Lawsuit Against Above The Law [Volokh Conspiracy — Eugene Volokh] Law Professor Sues Above The Law [Volokh Conspiracy — Orin Kerr] Above the Law Sued By Law Prof (And How It Should All End) [New [...]

      November 3, 2009, 6:17 pm

    14. Tweets that mention The Volokh Conspiracy » Blog Archive » Law Professor Sues Above The Law -- Topsy.com says:

      [...] This post was mentioned on Twitter by Moshe Glickman, Sydney Law. Sydney Law said: The Volokh Conspiracy » Blog Archive » Law Professor Sues Above ... http://bit.ly/3ZmhZL [...]

      November 4, 2009, 9:45 am

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