Righthaven to Fed Judge: My dog ate my Court representations

Update: Trailblazing attorney, Todd Kincannon of The Kincannon Firm announced he is accepting past and present Righthaven defendants as new clients for class action ( mass action) litigation against Righthaven, its media clients, and others involved in the Righthaven operation.

If you have been sued by Righthaven, even if you have already settled your case, you are invited to call or email. Cases will be taken on contingency, meaning if there is no recovery, clients will not have to pay for The Kincannon Firm’s services.

If you are interested, call The Kincannon Firm at 877-99-COURT or email Todd@TheKincannonFirm.com.

Righthaven's shameless disregard for facts in its arrogant answer to a Nevada federal judge demanding the troll show cause why it should not be sanctioned for concealing its lawsuit mill may spell its doom

By Michael Leon

Righthaven has targeted and unsuccessfully sued our veterans, but now this Internet troll has to defend its intentional misrepresentations to a federal judge who demanded satisfactory answers or sanctions against this deceitful band of liars.

Righthaven said in reply that a "former in house counsel" and its failure to appreciate the federal court rules are the culprit for misrepresentations made in federal court.

That won't fly.

Attorneys are expected to file as facts and representations to the Court, factual contentions that have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Righthaven Victims, which monitors and challenges this troll, quotes its response:

"Their only answer was this unnamed rogue in-house counsel screwed up. "

For the foregoing reasons, Righthaven respectfully requests that the Court find its failure to comply with Local Rule 7.1-1 through its former in house counsel does not rise to the level of sanctionable conduct given the circumstances described herein. Moreover, Righthaven has taken corrective action in response to the Court’s June 14th Order by filing amended disclosure statements in almost 120 pending cases in within this District and within the District of Colorado. Dated this 28th day of June, 2011.

Moreover, as noted by writer Steve Green, "Righthaven – which sues over alleged online infringements of Las Vegas Review-Journal and Denver Post material – responded Wednesday that [federal Judge Roger] Hunt’s 'factually brazen' commentary 'inaccurately implies that Righthaven intentionally failed to comply' with the disclosure rule."

So, Righthaven lies over 270 times in federal court and when a federal judge calls them and its attorneys on it, its response is the federal judge is being "factually brazen."

Eric Goldman, who has commented on Righthaven's lawsuit mill, writes in a comment at Righthaven Vicitms:

There are two parts that are characteristically disingenuous. First, Mangano throws [attorneys] Coons and Chu under the bus, but [Righthaven's Steve] Gibson signed the Democratic Underground complainttoo. Second, this motion only addresses the Democratic Underground filing, but what about the 270+ other complaints that were equally defective--some of which Mangano signed himself? Righthaven can't blame Coons and Chu for all of those.

Goldman's blog has excellent analysis on recent developments.

Bottom-line: Wronghaven is going down.

Righthaven Takes Drubbing at Hands of Vietnam War Vet, Wayne Hoehn‏



Righthaven LLC [Image - Michael Leon]



Win for Randazza Legal Group
- Federal Judge Rejects New, May 9 'Clarification' of Strategic Alliance Agreement -

By Michael Leon

Highly decorated Vietnam War-era veteran, Wayne Hoehn, believes in duty.

Wayne Hoehn

When Internet Troll and inveterate liars, Righthaven LLC [aka Wronghaven], hit Hoehn with a federal lawsuit alleging copyright violations, Hoehn fought back, and then contributed to the defence of fellow veteran and fellow Righthaven victim, Denise Nichols, who also prevailed in her case with Wronghaven.

United States District Court Judge for the District of Nevada, Justice Philip M. Pro, granted Wayne Hoehn's motion to dismiss for lack of standing today, additionally finding that Righthaven's May 9 clarification of its revealed Strategic Alliance Agreement "does not provide Righthaven with any exclusive rights necessary to bring suit.

Justice Pro found that the necessary elements of copyright ownership are not met by the "May 9, 2011 clarification [that] provides Righthaven with only an illusory right to exploit or profit from the [copyrighted] Work."

Pro also granted Hoehn's motion for summary judgement on fair use grounds, finding that Hoehn's reproduction is non-commercial and not harmful to Righthaven, which in any event has no standing.

The ruling represents a legal drubbing for Righthaven LLC and follows a repudiation of Righthaven in the Democratic Underground case by U.S. District Judge Roger Hunt.

Other veterans targeted by Righthaven, including Denise Nichols, Larry Scott, and the POW Network, are now or may seek costs of past settlements and attorneys' fees as Righthaven has been operating its lawsuit mill under the claim that it owned sufficient rights in its copyright suits, a position Justice Hunt said is, "flagrantly false—to the point that the claim is disingenuous if not outright deceitful."

See: Order to Dismiss: Righthaven v. Wayne Hoehn.

Veterans Come Together to Oppose Righthaven

By Denise Nichols

On April 20, I listened from the D.C. Veterans hospital complex by phone to a legal hearing in front of the Honorable Judge Gloria M. Navarro, United States District Court for the District of Nevada.

The hearing pertained to my case, Righthaven v. Michael Leon, Denise Nichols and others.

Judge Navarro made it clear in the hearing almost immediately that this hearing would dismiss the cases against my co-defendant, Mike Leon--a proud veterans’ advocate--and me.

The only question, the Judge said, was whether she would dismiss the cases with or, without prejudice.

So, now with Judge Navarro’s decision, and because of the efforts of my friends, my fellow veterans and my attorneys (Mike Kimbrell and John Arsenaul) Righthaven will be gone from my life, though some personal health matters just diagnosed in D.C. may persist.

Wayne Hoehn

My purpose in part in writing this is to say ‘ thank you’ to all, and single out another defendant, another veteran who is a victim of Righthaven, Wayne Hoehn, who out of a sense of duty that Righthaven will never comprehend contacted from out of the blue and supported me in my defense.

Wayne Hoehn: A Vietnam veteran with a Silver Star, Bronze Star Medals (2) bronze oak leaf clusters with V for valor devices, Purple Heart Medal, Air Medal with numeral 2, Army Medal with numeral 2, National Defense Service Medal,Vietnam Service Medal with 2 Bronze Service Stars, Combat Service Medal, Vietnam Campaign Service Ribbon with Device 1960 and the Republic of Vietnam Gallantry Cross with Palm Unit

In Wayne’s case, Righthaven LLC v. Hoehn, Righthaven attacks another veteran, a highly decorated Vietnam veteran.

What is it about veterans—Larry Scott, POW Network, Veterans Today, Wayne Hoehn and who knows who else that Righthaven hates so much?

I have served 20 years as a nurse, active duty and reserve, and I know that surviving is about staying together.

Maybe that's it.

Staying together

Righthaven lawsuits against veterans, retirees and disabled persons that are particularly unable to fight this situation inflicted upon them, aims for people who are isolated and unable to fight back.

Is there someway to protect veterans, active duty, national guard, reserves, retirees, their family members or the disabled from being suing by Righthaven? There should be. 

The big guns right now that will silence this despicable anti-veteran, anti-people lawsuit mill are focusing on subject matter jurisdiction and legal positions that may be read as purporting fraud on the part of Righthaven and its attorneys. Randazza Legal Group, the Electronic Frontier Foundation (EFF), Fenwick and West, David Kerr and several others are doing a tremendous public service.

Righthaven may find out in the coming months that veterans may be the one class of people that right at this time possess a particular ability to come together.

Below are veterans [that's me on the left] getting together to discuss Gulf War syndrome in the Women at war trailer.