UW-Madison Grad and Veteran Win First Amendment Victory over Net Troll, Righthaven

Righthaven LLC [Image: Leon]

By Michael Leon

Congratulations are in order for Vietnam War veteran, Wayne Hoehn (Recon Company, E 2/12, 12th Cavalry Regiment (1969-70)), who won another major First Amendment victory over Internet troll, Righthaven LLC today.

It was announced today in the United States District Court, District of Nevada that Hoehn was awarded $34,045 in attorneys' fees and costs in a judicial order that looks to spell the doom of Righthaven LLC, a fraudulent outfit operating out of Las Vegas that pretends to own copyrights and then sues 100s of defendants, typically for $150,000.

Wayne Hoehn

Righthaven tried that scheme on Hoehn and today culminated in his final vindication against Righthaven and its attorneys, known variously as trolls and pond scum.

Congratulations are also in order for attorney and U.W. Madison Law School graduate, J. Malcolm DeVoy IV (Randazza Legal Group), and Marc J. Randazza [counsel of record and lead attorney] (Randazza Legal Group) in Righthaven LLC v. Wayne Hoehn (Case No. 2:11-cv-00050); both of whom we have noted here are made of the same cloth as Hoehn, and whose work on behalf of the First Amendment is a victory for all Americans.

Hoehn chose to hold true to his commitment to uphold and defend the Constitution seeking out DeVoy, but Righthaven refused to pay his attorneys’ costs, as ordered to by a federal judge in Nevada.

Not anymore.

Hoehn of Kentucky and other defendants (including this writer, also with the representation of DeVoy) have Righthaven LLC on the run, though Righthaven is backed by a billionaire and they believe they are beyond the reach of the order of federal judges.

Journalist Steve Green notes:

Righthaven [has] received plenty of national news coverage about the lawsuits by the likes of The New York Times, The Wall Street Journal, Los Angeles Times, Fortune, Bloomberg News, Associated Press and Wired. This national media coverage wasn’t flattering for the Review-Journal, the Post or our city’s legal community, with Righthaven and its newspaper partners often portrayed as digital ambulance chasers using lawsuit settlement shakedowns and the court system to make a quick buck. That’s because of the no-warning nature of the lawsuits, court rulings finding some of the lawsuits were without merit, judges’ comments critical of Righthaven, a series of foul-ups in executing the suits and because the lawsuit spree was unprecedented for the newspaper industry. Ever.

Righthaven is a LLC that has filed some 275 federal copyright lawsuits claiming text from the Las Vegas Review-Journal and the Denver Post has been used without regard to copyright law by the Internet users including bloggers and message board posters.

Righthaven is half-owned by another LLC controlled by Las Vegas attorney and Righthaven CEO Steven Gibson, and half owned by a third LLC owned by the family of Little Rock, Arkansas investment banking billionaire Warren Stephens.

United States District Judge Phillip Pro ordered that Righthaven LLC has until September 14 to pay up.

Righthaven's Crusade Against 20-year Veteran Nurse Gets Worse

Wronghaven!—Righthaven Calls Veteran's Motion Seeking Attys' Fees for Suit Mistakenly Served Upon Her: An Effort to "extract blood money"

Denise Nichols Fights for Veterans

via mal contends—Few attorneys and defendants who have dealt with Internet troll, Righthaven LLC and its attorney, Shawn Mangano, are surprised by their duplicity and blatant abuse of process of the federal court system.

Now, Righthaven just dove deeper into the pond scum in its vendetta against an Air Force nurse (my former co-defendant), a veteran fighting for her life against Gulf War Syndrome, and life-threatening ailments--believed by this medical professional to be exacerbated by Righthaven's frivolous federal lawsuit for $150,000 and attorneys' fees.

Though veteran Denise Nichols persists in her work of helping fellow veterans, Righthaven won't halt its legal efforts against her.

Righthaven served Nichols, of Denver, Colorado, with a federal complaint earlier this year that was ordered to be dismissed on April 20 by federal Judge Gloria M. Navarro.

The complaint, in a reflection of the often shoddy work of Attorney Shawn Mangano and Righthaven generally, fails to mention Denise Nichols in the text of the complaint, even once.

Subsequent bad-faith negotiations by Righthaven ensued in which Righthaven tried to induce Nichols to sign a press release with language describing how generous and thoughtful Righthaven is to veterans and the disabled, a la the case against North Carolina blogger Brian D. Hill.

After dismissal negotiations failed, Righthaven was forced to terminate its suit against Nichols May 6 or face Judge Navaro again.

Nichols then filed a motion for $1,600 in attorneys' fees that she paid to Attorneys John Arsenault of Colorado and Mike Kimbrell of Nevada. Even these facts are disputed by Righthaven.

Both attorneys agreed the Righthaven suit lacked any merit as a defendant is of course to be mentioned in a complaint if she is accused a tort.

Reads Nichols' motion is part: "The Complaint, which was served upon defendant, Denise Nichols, on 03/23/2011, is predicated upon a likely Rule 11 violation as the plaintiff admits the complaint fails to mention the defendant in the text of the complaint, as indicated in the plaintiff's summary report (filed April 18) for the April 20 hearing at which your Honor ruled the case was to be dismissed."

In a Court filing this week, Righthaven responded by saying of Nichols' motion "it is nothing short of an attempt at trying to extract blood money in the form of an attorney's fee award to which she is not entitled."

Righthaven's position is that Nichols is not entitled to recoup attorneys' fee though she was served with a complaint that does not mention her.

Nichols, who had to appear by telephone at an April 20 federal Court hearing from a DC Veterans' Medical facility, continues her fight for her life and those of her fellow veterans.

Nichols said yesterday she is composing her response to Mangano and Righthaven's outrageous "blood money" charge and will file it this weekend.

Maj. Denise Nichols (ret), Vietnam era and Gulf War veteran, retired nurse, MSN, retired US Air Force Flight Nurse Clinical specialist in cardio-vascular nursing, served on the nursing faculty of several universities around the country.

"I think Righthaven has this backwards. Righthaven and Mangano are after blood money. They are harming people and lying about it. The idea that I, along with other prevailing defendants, are after 'blood money' for Righthaven's mistakes and abuse is absurd," said Nichols today.

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.