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.

Judge Roger Hunt on Righthaven LLC

Righthaven LLC [Image - Michael Leon]

"It is certainly understandable how Local rule 7-1.1 [requiring disclosure of all parties with pecuniary (financial) interest] could have arguably been reasonably construed to not require the disclosure of Stephens Media's interest in any recovery. I was impressed that you were able to get three hedge words or qualifiers within the space of four words in that sentence and wonder if maybe you ran out of them."
- Federal Chief Justice Roger Hunt of the District of Nevada ordering sanctions against Righthaven LLC [Righthaven LLC v. Democratic Underground LLC et al, Case No. 2:10-cv-01356 (D. Nev.)], imposing a $5,000 fine

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 StephensJudge Hunt was described by an observer as delivering a "stern beating," using brutal language.

Judge Hunt said, Righthaven's "conduct was 'not negligence,' but part of a 'concerted effort to hide Stephens Media’s role in this litigation.'" Moreover, Hunt described Righthaven as a law firm masquerading as a company.

LR 7.1-1. CERTIFICATE AS TO INTERESTED PARTIESUNITED STATES DISTRICT COURT DISTRICT OF NEVADA

(a) Unless otherwise ordered, in all cases except habeas corpus cases counsel for private (non-governmental) parties shall identify in the disclosure statement required by Fed. R. Civ. P. 7.1 all persons, associations of persons, firms, partnerships or corporations (including parent corporations) which have a direct, pecuniary interest in the outcome of the case.

The disclosure statement shall include the following certification:

“The undersigned, counsel of record for ______, certifies that the following have an interest in the outcome of this case: (here list the names of all such parties and identify their connection and interests). These representations are made to enable judges of the Court to evaluate possible disqualification or recusal.

Signature, Attorney of Record for ______”

(b) If there are no known interested parties other than those participating in the case, a statement to that effect will satisfy this rule.

(c) A party must promptly file a supplemental certification upon any change in the information that this rule requires.

I Vanquished a Notorious Internet Troll, Righthaven LLC

The Billionaire-backed ‘copyright enforcer’ became a cautionary tale not for claimed Internet-copy infringers like bloggers, but rather for law-suit mills and deceitful trolls like Righthaven LLC filing some 275 federal copyright complaints, typically for $75,000-$150,000 since March 2010



Righthaven LLC [Image - Michael Leon]

 By Michael Leon

Madison, Wisconsin—On March 6, 2011 my girlfriend and I were watching True Blood and some idiot pounded on the door so loudly my girlfriend jumped off the coach.

"Mike, don't get that. You don't who that is," she said.

"I'm going to find out," I said.

I opened the door fast onto our porch, and demanded "Who the f__k are you" to which a wormy-looking man sheepishly stepped away, replying he was "just doing his job," laying Civil Action No 2:20-CV-01672, federal copyright complaint filed in the United States District Court for the District of Nevada, at my feet and quickly leaving.

Turns out I was a victim of Righthaven LLC, as certified in the complaint by one Steven A. Gibson, CEO and founder of Righthaven and Shawn Mangano, attorney of record in the service papers.

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.

My complaint alleges a copyright violation for a piece on veterans in Veterans Today in 2010 that also appeared in a paper over which Righthaven claimed it "is the owner of the copyright" several times in the complaint—a claim of ownership replicated in the some 274 other complaints and which last week was proven false, ruled to be "deceitful," and is the cause of the stern, vocal beating by Chief Justice Roger Hunt (District of Nevada) July 15, who fined Righthaven $5,000 for repeatedly misleading the Court on this representation of copyright ownership.

Steve Green of the Las Vegas Sun, reports, "[Judge] Hunt ordered ... that a transcript of today’s hearing, in which he made several negative comments about Righthaven’s conduct, be posted on Righthaven court dockets" in the District of Nevada.

Moreover, ominously, Green reports: Judge Hunt said, "In the court’s view, the arrangement between Righthaven and Stephens Media is nothing more, nor less, than a law firm — which incidentally I don’t think is licensed to practice law in this state — with a contingent fee agreement masquerading as a company."

The win

It didn't take long for me to file an answer, along with several motions, the pedestrian nature of which likely taxed the patience of United States District Court Judge Gloria Maria Navarro.

On April 14, attorneys for the Democratic Underground, a future prevailing defendant, won a motion to unseal the Strategic Alliance Agreement between Righthaven and Stephens Media that, in sum, proved Righthaven had no standing to sue due to its lack ownership of the copyright, and that Steven A. Gibson misrepresented and concealed this relationship in the some 200 federal court cases.

I had been negotiating on the phone with Righthaven’s counsel that week wondering vaguely if this attorney, Shawn Mangano, were as duplicitous and delusional as I had been informed by an intellectual property attorney whose practice is in the Midwest.

I told Mangano over the phone and in e-mails what I thought of his lawsuit mill.

So, on April 18, I secured the pro bono services of Marc Randazza and J. Malcolm DeVoy of the Randazza Legal Group.

Mangano became so upset that I was accusing him and Righthaven of lying and engaging in abuse of process that he threatened me with a defamation suit in an e-mail and publically in our April 20 hearing before U.S. District Judge Gloria Navarro.

"I’m not going to tolerate and allow someone to tarnish my professional reputation" – or make libelous claims about Righthaven and [Righthaven attorney Steve Ganim],” Mangano said.

"Mr. Mangano's reference to libel indicates a lurid conception of the term," [I] said in response after the hearing, writes Steve Green at Vegas Inc.

On April 20, I appeared by telephone from Madison with my co-defendant, a 20-year veteran nurse who reached the court from a D.C. VA medical center, Denise Nichols, who was served with a $150,000 complaint failing to mention her once.

I won. My case was dismissed, with an opportunity to seek attorneys' fees and costs. Long story short, my attorneys won as well, and Righthaven has to pay up legal fees owed by July 25th.

The case against Nichols was discharged by Righthaven which filed and ran.

An amended complaint (filed 11/24/2010) against another of my co-defendants, an organization complaint says is of "unknown orgin," Medbillz, was certified by Gibson to be rightfully litigated in the U.S. District Court of the Southern District of California as an "appropriate venue;" my venue was claimed to belong in Nevada.

Two other I/P attorneys laughed when I told them of this ruse by Righthaven and Gibson claiming two different venues simultaneously.

After the case was dismissed, Righthaven's attorney, Shawn Mangano, phoned me from Nevada and unleashed a stream of invectives at about 4:20 P.M. Central time [I log and document such items when dealing with Righthaven].

Made for an amusing conversation; but I sincerely was concerned about Mangano suffering a stroke in the Nevada heat though he phoned from some outfit entitled "Investors Realt [cut off]" on caller ID. Made some other significant, shall I say, documentation of the phone call

This month I became the first defendant to be awarded attorneys’ fees from Righthaven to J. Malcolm Devoy of the Randazza Legal Group, a First Amendment firm located in Las Vegas.

Fair Use law

The wins for the defendants piling up through the efforts of committed, public-mined attorneys like David Kerr of Santangelo Law Offices, PC, Devoy and Randazza of the Randazza Legal Group, the Electronic Frontier Foundation (EFF) and the law firm of Wilson, Sonsini, Goodrich and Rosati, Kurt Opsahl, Chad Bowers, and Laurence Pulgram and Fenwick and West LLP, and Todd Kincannon are only part of the real story here.

The fair use policy rationale behind Copyright law may be the big winner in Righthaven's 18-month reign of legal terror.

A first year law student will report, in essence, that copyright law ought to promote the dissemination of the arts and science and protect the exclusive right of authors and inventors to benefit from their works by virtue of their authorship.

Reading of Righthaven's campaign of finding alleged infringements for the sole purpose of filing suit and terrorizing defendants into settlements clarifies there is a social purpose in copyright law in fairly using another work, if not for commercial gain or resulting in market harm, but rather advancing discussion, comment and analysis.

Righthaven sees copyrights as a business model to be used in an innovative and dishonestly conceived law suit mill.

They were very wrong to try.

As U.S. District Judge John Kane ruled on motion from Righthaven on April 11, (later staying all 58 Righthaven lawsuits filed in Colorado), “[T]he purpose of the courts is to provide a forum for the orderly, just, and timely resolution of controversies and disputes. Plaintiff’s wishes to the contrary, the courts are not merely tools for encouraging and exacting settlements from Defendants cowed by the potential costs of litigation and liability.”

My attorney Devoy writes in a motion on behalf of prevailing defendant, Vietnam War veteran, Wayne Hahn [LLC v. Wayne Hoehn; Case No. 2:11-cv-00050. Memorandum of Law and Points of Authorities, filed July 7, 2011]:

[L]ike hundreds of other Righthaven victims, Hoehn contemplated his options upon being sued. Should he cave in and write Righthaven a check, or should he risk his savings to stand up for what he knew was right?

Hoehn recalled his [military] oath, and considered the fact that so many others had been sued, and made payments, for what clearly was fair use. Hoehn knew that he could not live up to his oath if he gave up without a fight. Hoehn stood up for fair use – for free speech – and he prevailed.

And so have I, and I’ll being joining the class-action suit by South Carolina attorney, Todd Kincannon, against Righthaven LLC for its abuse of process, fraud and lies, and lodging a complaint with the Nevada Bar against Righthaven's unscrupulous attorneys.
#
- Michael Leon is a writer living in Madison, Wisconsin. His writing has appeared nationally in The Progressive, The Advocate, In These Times and CounterPunch; and locally in the Isthmus and the Capital Times. Leon works as a writer, editor, veterans' advocate, and public relations consultant. He can be reached at: malleon@live.com

Updated - Net Troll's Federal Court Sanction Highest Imposed by Nevada Chief Justice

Righthaven LLC [Image - Michael Leon]

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 http://www.blogger.com/Todd@TheKincannonFirm.com.
Update: A Nevada veterans' advocate told me that Righthaven LLC, Internet troll, and its scumbag attorney, Shawn Mangano, may target this veterans' advocate, Michael Leon, again in its lawsuit mill out of spite for having been ordered to pay $3,800 in attorneys' fees.

Observers in Chief Justice Roger Hunt's courtroom said that the Righthaven sanctions hearing today for its repeated misrepresentations made in federal court featured the most heavily attended hearing of all of Righthaven's litigation campaign.

Judge Hunt's ruling [available soon] was characterized by an observer as a "stern beating," using brutal language, delivered in a stern tone by Justice Hunt.

Legal observers see this sanction as a shot across the bow against this notorious Internet troll.

Steve Green reports, "[Judge] Hunt ordered Righthaven to disclose its original lawsuit contract with Stephens Media in active lawsuits over Review-Journal material. He also ordered that a transcript of today’s hearing, in which he made several negative comments about Righthaven’s conduct, be posted on Righthaven court dockets."

In Righthaven LLC v. Democratic Underground LLC et al, Case No. 2:10-cv-01356 (D. Nev.), Judge Hunt said, Righthaven's "conduct was 'not negligence,' but part of a 'concerted effort to hide Stephens Media’s role in this litigation.'" Moreover, Hunt described Righthaven as a law firm masquerading as a company. [J. DeVoy]

Update from last post: Righthaven LLC fined $5,000 for misleading the court about its lawsuits. Attorneys for Righthaven were not personally punished by Judge Hunt. [Steve Green] Righthaven likely does not realize this, but once you have been sanctioned for misrepresentations, Rule 11 violations and state bar sanctions often follow, especially for this now-infamous lawsuit mill. Every motion can now can refer to this ruling by Judge Hunt.

Updated - Wisconsin Man on Bleeding Edge Against Notorious Internet Troll, Righthaven

Righthaven LLC [Image - Michael Leon]

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 http://www.blogger.com/Todd@TheKincannonFirm.com.

In the intersection of Copyright, First Amendment and Fair Use law, Righhaven LLC, Shawn Mangano and his associates, stand out as what legal experts refer to as: Trash. Attorneys await sanctions hearing today.

Update: Righthaven LLC fined $5,000 for misleading the court about its lawsuits. Attorneys for Righthaven were not personally punished by Judge Hunt. [Steve Green] Righthaven likely does not realize this, but once you have been sanctioned for misrepresentations, Rule 11 violations and state bar sanctions often follow, especially for this now-infamous lawsuit mill. Every motion can now can refer to this ruling by Judge Hunt.

After Righthaven saw its case dismissed against me by the Honorable Judge Gloria M. Navarro on April 20, Righthaven's attorney, Shawn Mangano, phoned me from Nevada and unleashed a stream of invectives at about 4:20 P.M. Central time [I log and document with several media such items when dealing with Righthaven; in this case I recorded the some 10-minute conversation-monologue].

With the help of my brilliant First Amendment and Copyright attorney, J. Malcolm Deyoy [J.D. - University of Wisconsin Law School, cum laude], we have found ourselves on the leading edge of helping to destroy a billionaire-backed Internet Troll operation.

As Steve Green notes, "Righthaven is the company that since March 2010 has filed 274 lawsuits claiming material from the Las Vegas Review-Journal and the Denver Post has been misappropriated by website operators, bloggers and message board posters."

I became the first prevailing defendant after the revealing of the Strategic Alliance Agreement (SAA) scheme, won by Laurence Pulgram, "an attorney associated with the Electronic Frontier Foundation with the San Francisco law firm Fenwick and West LLP," representing the excellent political site, the Democratic Underground, another prevailing defendant. [Green]

The SAA [since amended twice] reveals Righthaven has no standing to pursue federal copyright complaints, and further that they have misrepresented their subject matter jurisdiction declaration in some 275 cases.

I became the first defendant awarded fees by Righthaven, ordered to be paid by July 25. See Judge to Righthaven: Pay Randazza by July 25.

Of course, Attorney Deyoy has not acted alone.

A motley group of lawyers, writers, tea partiers, veterans, and activists working for free speech and justice have counterattacked this troll, as chronicled by a brilliant writer, one Steve Green of the Las Vegas Sun and Vegas Inc and Righthaven Victims.

A timeline

• Case dismissed - April 20
• Leon's Attys' fees [$3,815.00] awarded - July 5
• Leon's Attys file motion for preliminary injunction barring Righthaven from disgorging $3,815 of liquid assets until it pays Randazza Legal Group’s fees - July 12
• Righthaven files motion for 30-day stay of award - July 12

Righthaven Business Model

• Court orders Righthaven to Pay Up Legal Fees Owed by July 25th - July 13

After a series of fair use and subject matter jurisdiction losses for which federal Chief Justice Roger Hunt has admonished Righthaven for being "deceitful," Righthavan and certainly some of its attorneys are on the ropes. Yet, they keep filing copyright complaints, to the astonishment of Intellectual Property lawyer with whom I have spoken to in the Midwest.



Veteran Wayne Hoehn Beats Toll

 One seriously does not know if Righthaven and Shawn Mangano are delusional or foolish, but the array of legal talent amassed against them would appear to be daunting to any rational human being.

Consider David Kerr of  Santangelo Law Offices, PC, Deyon and Randazza of the  Randazza Legal Group, the Electronic Frontier Foundation (EFF) and the law firm of Wilson, Sonsini, Goodrich & Rosati, Kurt Opsahl, Chad Bowers, and Laurence Pulgram and Fenwick and West LLP, among other committed First Amendment and copyright law attorneys, and writer such as Steve Green and Righthaven Victims.

I change my mind, Righthaven is delusional.

At press time, Righthaven attorney Shawn Mangano is facing a sanctions hearing in the courtroom of chief United States District Court Judge in Nevada, Roger Hunt who reportedly hates being lied to in open court and court representations.

"Like a leech—or perhaps a tick—the copyright lawyers at Righthaven latch on tight and don't let go, even as their cases have begun to crumble around them. Instead, they're doubling down on their lawsuit strategy against individual bloggers who repost an article or two," writes Nate Anderson.

Stay tuned.

See more at Righthaven LLC.

Righthaven Moves to Cheaper Digs, Ready to Flee Judgements

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 LLC has moved out of their nice digs in Summerlin (a nice Las Vegas suburb) to a strip mall in the University of Nevada-Las Vegas student ghetto.

Funny place for the nation's preeminent copyright enforcer to put its offices.

Former address
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129-7701

Net Troll Co-Defendant Lose Motion, Wins Battle

By Michael Leon

Denise Nichols served 20 years during the Vietnam War and Gulf War as a military era as a military nurse saving the lives of our servicemen and women. In her retirement, she spends her time advocating for veterans, efforts for which she became a target of Righthaven LLC, a notorious Internet troll and as anti-American an outfit as you will ever encounter.

For Denise Nichols' efforts for veterans, earlier this year she was hit a with a $150,000 federal copyright complaint that failed ONCE even to mention her in the complaint. Welcome to the World of Righthaven.

As the Steve Green reports today: U.S. District Judge Gloria Navarro

rejected a request by [Michael] Leon’s co-defendant and fellow veterans' advocate, Denise Nichols, that she require Righthaven to reimburse her for $1,500-$1,600 in legal costs.

After settlement talks broke down between Righthaven and Nichols in the suit over an alleged infringement of a Denver Post column, Righthaven dropped its suit against Nichols with prejudice – meaning it can’t sue her again over the same alleged infringement. ...

Nichols, who lives in the Denver area, says she has symptoms of Gulf War syndrome illnesses from her combat service in the first Gulf War, Desert Storm, and that the stress of Righthaven’s no-warning lawsuit is threatening to harm her health further.

What happens is Judge Navarro very early in an April 20 hearing gave Nichols and me a choice to:

• Have our respective cases dismissed with prejudice, with no attorneys' fee
• Have our respective cases dismissed without prejudice, with attoneys' fees

I lucked out and was able to receive the services of attorney J. Malcolm Devoy of the Randazza Legal Group who advised a dismissal without prejudice, with attoneys' fees, in light of the apparent lack of standing and deceitful nature of Righthaven.

I became the first prevailing defendant after it came to light that Righthaven, as revealed by its Strategic Alliance Agreement (SAA), has no standing to sue, a revelation that showed Righthaven to be guilty of "fraud upon the Copyright Office," as well as deceiving defendants and federal judges.

Righthave lies in federal court even now as my attoneys attempt to collect what they were awarded.

Righthaven responded on Tuesday, asking Judge Navarro to temporarily stay judgment of her fee award "so that it can properly evaluate any potential appealable issues" in her fee ruling.

"As the court is certainly aware, Righthaven’s counsel dismissed the action against Leon without prejudice based on the belief that any resulting fee award would be made to a non-profit legal organization. Counsel certainly did not believe this `non-profit legal organization’ would be opposing counsel’s law firm. Had this fact been made clear, Righthaven would have unquestionably dismissed its claims against Leon with prejudice," Righthaven argued in Tuesday’s court filing. [Green]

Nichols, who attended the hearing telephonically from a D.C. VA medical center, offered to engage in good-faith negotiations. Righthaven refused at every turn to pay her attorneys' fees and then discharged her as a defendant, leaving her stuck with $1,600 in attorneys' fees.

But Righthaven conned a U.S. military veteran, and they will lose.

They lost with decorated Vietnam War veteran, Wayne Hoehn.

Still, because the standing issue is still being litigated, and Righthaven sued and ran, discharging Nichols, she is out $1,600.

Randazza Legal Group attorneys Marc Randazza and J. Malcolm DeVoy IV wrote in their filing for Mr. Hoehn:

This pattern of conduct evinces Righthaven’s total disregard for even the notion of fair use, and that many of the republications it targets are not infringements at all. Instead, Righthaven was going to continue its campaign terrorizing people into making payments to it, and if they wanted to raise fair use as a defense, it would cost them dearly – as it has cost Mr. Hoehn. This cost should be shifted to Righthaven, as provided for by the Copyright Act. [Green]

Those wishing to assist Denise Nichols to receover her attorneys' fees can send help to:

dsnurse1@yahoo.com

Denise Nichols

4050 Cody St

Wheat Ridge CO 80033

Righthaven Forced on Defense by First Amendment Firm

"As an organization that has been characterized as a lawsuit mill that profits off of quick settlements, Righthaven's opposition [to paying opposing counsel] is unsurprising, as the payment of attorney's fees throws a sizable wrench into the workings of the Righthaven lawsuit machine. Nevertheless, Righthaven's calculations about the Firm's willingness to seek fees were wrong, and now Righthaven must pay. ... As aggrieved as Righthaven may feel at the prospect of paying fees to the firm that potentially is its most prolific opposing counsel, Righthaven's subjective notions of fairness (the irony of which the hundreds of defendants affected by Righthaven's lawsuits, usually without warning, would be quick to point out) do not negate well-settled precedent within this Circuit entitling the Firm to fees."
- J. Malcolm DeVoy [May 21, 2011 response], attorney for Randazza Legal Group, seeking fees from Righthaven LLC, per Judge Gloria M. Navarro's April 20 ruling and dismissal of Righthaven v. Medbillz, Leon, Nichols [Case No.: 2:10-cv-01672] in which defendants prevailed.

- United States District Court, District of Nevada

Veteran Nurse Seeks Attorneys' Fees from Righthaven

Denise Nichols is seeking $1,600 in attorneys' fees and costs and any other relief the Court deems just from Righthaven which served her with a civil complaint that failed to mention her in the text.

"Righthaven and Attorney Mangano admitted in Court they made a mistake in serving on me a complaint that fails to even mention my name. So, I should pay for their mistake? No. They should pay full attorneys' fees and costs, and that's giving these people a break," said Denise Nichols. "What should happen is Shawn Mangano should be slapped with a Rule 11 violation that sanctions lawyers for misrepresenting facts in federal Court. How can it be reasonable and diligent for attorney Mangano to file with the Court a complaint he has admitted was a mistake? Mangano needs to be stopped."

Nichols' Rule 11 complaint refers to the federal Court Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions rules.

"I say good for Denise Nichols. She's carrying the ball right now on behalf of all veterans and the Internet community. Mangano's negligence is blatant in Denise's case; but when you consider the systemic, organized fraud he has perpetrated on the Court on the matter of Subject Matter Jurisdiction, it's clear justice demands the Court act against not just Righthaven; but also Mangano for failing to meet his responsibilities as an attorney under Rule 11. He fought Denise Nichols the whole way, instead of just admitting his mistake and owning up to it, apologizing to the Court and the veteran, Denise Nichols whom honestly is likely to be alive, no thanks to Mangano," said Michael Leon.

Nichols says she was lucky her attorneys charged her so little out of respect for the injustice of her case, though Righthaven proved unwilling to negotiate a settlement on the case that was terminated on May 14. -- Civil Action No 2:10-CV-01672-GMM-LRN

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."

Said Nichols, "The point is until victims stand up to Righthaven, then this will continue. And the victims that have gone through untold amounts of stress then have to hire attorneys to fight. It is a situation that the courts and judges need to pay attention to but also legislators who need to hold hearings and to possibly review the law as passed to review if changes to the law are necessary. All these steps to protect Freedom of speech and fair use."

Righthaven's Atty, Shawn Mangano, Is Desperate

Notorious Internet troll, Righthaven's Shawn Mangano, is turning into one Scaredy Cat.

After Righthaven saw its case dismissed by the Honorable Judge Gloria M. Navarro on April 20, Righthaven's attorney, Shawn Mangano, phoned me from Nevada and unleashed a stream of invectives at about 4:20 P.M. Central time [I log and document such items when dealing with Righthaven].

Made for an amusing conversation; though I sincerely was concerned about Mangano suffering a stroke in the Nevada heat though he phoned from some outfit entitled "Investors Realt [cut off]" on caller ID. Made some other significant, shall I say, documentation of the phone call.

Now, Righthaven Victims reports at least three legal groups are donating their work pro bono in an apparent bid to rid the profession of these vampires.

In an e-mail to my attorney at the time, J. Malcolm Deyoy of the Randazza Legal Group, Mangano complained about a number of statements made by his-then client, me, embarrassing Mangano repeatedly.

One complaint concerns Righthaven's attorney, Steven Ganim. Ganim is not licensed to practice law in Nevada.

Writing this fact, first reported by Righthaven Victims, [see also Righthaven Turnover Rate Resembles Fast Food Chain Operation, April 18, 2011] made Mangano very angry and threatening.

Writes Mangano to my attorney in a letter dated April 19, "Your client has also disseminated that Mr. Ganim is apparently not a member of the State Bar of Nevada. In doing so, your client has attempted to cast the impression that Mr. Ganim is holding himself out an attorney when he is not licensed to do so. Once again your client is wrong."

Mangano threatened to sue me for libel for telling the truth. Absurd as usual.

Righthaven Victims has a new, related update: "Another Attorney Defending a Righthaven Victim on a Pro Bono basis Seeks Attorney Fees" (May 13).

‘Casting an impression' as libel, a novel interpretation of libel law applied to stating an undisputed fact. So here:

Attorney Mangano of Wronghaven LLC,

Here's what I want from you. I want you to call Ganim and borrow Bar materials on the elements of "libel" and study very hard. You can help Ganim pass the Nevada Bar and kill two birds at once.

Then I want you to study Federal Rules of Civil Procedure, Rule 11, (b) Representations to the Court and likewise study very hard.

The same for Summary Judgement.

No apologies necessary. Just bone up on the law.

Do not waste the Court's time. Bad form, fella.

Oh, and quit screwing over decorated veterans like Wayne Hoehn. I like that guy.

Whiteknight Law Firms Fight for Free Speech

Update: Righthaven and Stephens Media Amend Strategic Alliance Agreement in tacit admission of its inadequacy. Santangelo Law Offices, PC conintues to kick Righthaven's ass. And Righthaven Victims is leading the way on the Net.

Steve Green at the Vegas Sun has the latest on Rigthaven, the Internet troll, and the collection of lawyers, writers and activists working for free speech and justice.

The Democratic Underground is represented by some of the top copyright attorneys in the West associated with the Electronic Frontier Foundation, [Wilson Sonsini Goodrich & Rosati] which has been pounding away at Righthaven’s litigation campaign and convinced another judge to unseal Righthaven’s lawsuit contract with Review-Journal owner Stephens Media LLC. ...

The Media Bloggers Association is represented by copyright experts with Randazza Legal Group in the West as well as New York copyright attorney Ron Coleman.

Wronghaven goes down again!

Updated: "Party Denise Nichols terminated per [43] Notice of Voluntary Dismissal. (ASB)"
Righthaven Internet troll serves complaint that fails to mention defendant, now says defendant fails to negotiate in good faith in dismissal talks

In a bizarre turn of events, Righthaven LLC is now requesting a dismissal with prejudice of its own complaint in order to avoid paying the attorneys' fees of Denise Nichols, a retired Air Force nurse who served in the Vietnam War era and the first Gulf War.

Righthaven says in a motion filed May 5 that the defendant, Nichols who is battling Gulf War illness as a patient and advocate and is demanding attorneys' fees and costs, is refusing to negotiate in "good faith."

In an April 20 hearing, Judge Gloria M. Navarro of the federal District Court for Nevada ruled that the case against Nichols would be dismissed, and the only point to be decided was whether the absurd case would be dismissed with or without prejudice.

To understand this case, consider this hypothetical.

Suppose I file a complaint against you, the reader. I fail to mention you, the reader, in the complaint; but I demand $150,000 and plaintiff attorneys' fees and costs from you anyway. You then hire defense attorneys, but when you demand attorneys' fees and costs in negotiations for the defense of the absurd complaint, I say you are failing to negotiate in "good faith."

That's Righthaven's position. Negotiations have proven futile.

Nichols even volunteered in negotiations to give Righthaven a non-disclosure clause so it would not look as foolish as it does today. Righthaven rebuffed the offer in April.

The stress of the federal lawsuit on Nichols and her family is intense and ongoing. "I just want this to go away. And I want to be made whole for what I paid my attorneys. Righthaven refuses," said Nichols this morning.

Righthaven claims the motion and its negotiations "accurately (reflect) its desire to dismiss this action against Nichols in view of her extensive prior military service to the Untied (sic) States of America and in view of her apparent medical condition."

Righthaven cares about veterans and the disabled? This contention is what legal experts refer to as: Bullshit.

"These people have extended no courtesy to any defendant, veteran or disabled. That's the truth of the matter," said Nichols. "Where was the concern for negotiating for the straight-to-court federal suit filed in the first place? I'm still shaking my head. I want to get out of this alive and whole. But will Righthaven play ball?"

No, Righthaven is asking for the case to be dismissed with prejudice (meaning roughly it would be difficult for Righthaven to bring other similar suits), but is saying the defendant is refusing to negotiate in "good faith" because of Righthaven's refusal to consider paying Nichols' attorneys' fees and costs.

The absurd becomes real.

That's crazy? No, that's Righthaven.

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.

Righthaven Case Against MAL Dismissed

Thanks to the work of an array of brilliant attorneys and friends, [hat tip to J. Malcolm DeVoy of Randazza Legal Group], Righthaven's case against me was dismissed (without prejudice) this morning by the Honorable Judge Gloria M. Navarro, United States District Court for the District of Nevada.

See Righthaven LLC v. Michael Leon, et al; Civil Action No 2:10-CV-01672-GMM-LRN.

The status of litigation against my co-defendant, Denise Nichols, a Vietnam-era, Gulf War veteran, and a retired U.S. Air Force flight nurse—who spends her time when not fighting off ailments sustained in the '91 Gulf War—helping other veterans is not yet clear.

Nichols' attorney, a respected former JAG attorney, is fighting the good fight.

Nichols listened to this morning's proceedings by phone from a D.C. veterans' hospital.

The strain of the case by Righthaven LLC on Nichols is heavy, and to be candid, I'm worried about her. She's too proud to say it; but her health is suffering badly.

Denise Nichols deserves better.

Being a defendant in a federal lawsuit is no picnic. But I'm lucky. I have encountered so many dedicated, brilliant and humanistic people since being served with a summons on March 6, that I truly feel rejuvenated.

Righthaven LLC hinted they may bring a libel or defamation suit against me for God knows what reason. I think they didn't like my references to and citing from the Democratic Underground's case against Righthaven, and my standing with Nichols.

In any event, this site is committed to the defense of Denise Nichols, whose perseverance, support and grace through this ordeal has left me both inspired and humbled.

To Denise: You have a lot of more friends than you may know. We will stay in touch, and I am proud to stand with you.

Anyone wishing to support Nichols with legal advice or financial assistance can reach me at: malleon@live.com. I will make sure that Denise and her team gets what is sent.

Kurt Opsahl: Righthaven lacks exclusive copyright ownership of Stephens Media news articles

Wronghaven

Read supporting documents at the Electronic Frontier Foundation, including Righthaven's secret Strategic Alliance Agreement that Righthaven fought to keep from public view. Righthaven LLC is threatening to sue MAL for defending veteran Maj Denise Nichols (ret) and attacking Righthaven's inclination to ... sue.

Commentary by Kurt Opsahl in the Electronic Frontier Foundation:

For several weeks EFF and co-counsel Fenwick & West have been trying to persuade a federal district court to unseal a critical document Stephens Media produced in Righthaven v. Democratic Underground. The document, the Strategic Alliance Agreement between Righthaven and Stephens Media (publisher of the Las Vegas Review-Journal), and our accompanying supplemental brief were unsealed on [last] Friday.

As the court explained, “Righthaven and Stephens Media have attempted to create a cottage industry of filing copyright claims, making large claims for damages and then settling claims for pennies on the dollar, with defendants who do not want to incur the costs of defending the lawsuits.” While Righthaven’s business is suing bloggers for copyright infringement, it is not a publisher. It does not produce the works that are the basis for its numerous lawsuits. Instead, it trolls the Internet, looking for news articles published by Stephens Media (Las Vegas Review-Journal) or Media News Group ( Denver Post) and, when it finds them, gets the publisher to “assign” the copyright so it can file a lawsuit. At least, that was the public story.

Getting this assignment right was essential because copyright law does not permit a person to sue for infringement unless that person’s own copyrights (e.g., the rights to reproduce and distribute a work) are actually being infringed. In other words, you have to have some real skin in the game. Thus, in each lawsuit, Righthaven alleged ownership of the copyright rights. ...

As the Court correctly noted, “consider[ing] the multitude of cases filed by Righthaven, on the claimed basis that Righthaven owns the copyrights to certain Stephens Media copy, it appears to the Court that there is certainly an interest and even a right in all the other defendants sued by Plaintiff to have access to this material.” Now that the Agreement is public, Stephens Media and Righthaven have a lot of explaining to do. Per the Court’s order, the companies might start by explaining why the Strategic Alliance Agreement does not torpedo their case against Democratic Underground (their justification is due by May 8). We look forward to responding.

Righthaven v. Veteran, Denise Nichols

The news is out that Righthaven LLC is scum is crawling out of the gutters of Las Vegas suing bloggers and veterans.

Over the weekend news broke that Righthaven LLC has misrepresented on numerous occasions in federal court that it "is the owner of the copyright in and to the Work" that it claims to have been infringed upon by numerous defendants, including one Denise Nichols, a Vietnam-era and Gulf War veteran, and retired nurse.

Righthaven has misfired again. This time targeting a veteran who spends her time when she is not recuperating from service-connected ailments: Helping other veterans.

Nice job, Righthaven.

Nichols has a lot of friends and they sure don't like you. Here's some more advice: Crawl back into your gutters and get the hell out of Denise's way!

Here's a bio of Ms. Nichols.

Maj. Denise Nichols, 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. Denise has been active in research and advocacy in the areas of Gulf War Illness and Agent Orange. Denise has testified before Congress many times, has been interviewed nationally and internationally and is an outspoken advocate for Americas veterans.

Righthaven Troll Faces Massive Scandal

Update: See Strategic Alliance Agreement via Vegas Inc.

Righthaven LLC has no claim to the copyrighted material it claims to protect from small bloggers and websites, according to documents filed in federal court in Righthaven LLC v. Democratic Underground, LLC and David Allen (No. 10-1356-RLH (GFW)).

In an agreement never before revealed, a copy of the Strategic Alliance Agreement between Stephens Media LLC and Righthaven LLC "on its face purports to be the master agreement that governs all the assignments Righthaven has sued upon in this Court," according to documents filed with the United States District Court for the District of Nevada.

The Strategic Alliance Agreement, dated January 18, 2010, provides for a 50/50 split of lawsuit recoveries between Stephens Media and Righthaven (less "costs").

The agreement expressly denies Righthaven any right other than to pursue infringement actions.

Righthaven claims in its 100s of lawsuits that "Righthaven is the owner of the copyright in and to the work" in question.

The Strategic Alliance Agreement appears to contradict Righthaven's repeated representations to the Court and the ramifications could constitute a major legal scandal.

Righthaven LLC is an embarrassment to the legal profession, the lowest scum to crawl out of the gutter of Las Vegas.

If I am reading this right, Righthaven is history.

Bankruptcy, class action suits, Rules 11 complaints, massive case dismissals and attorney disbarments are in the future.

Strategic Alliance Agreement

7.2 Despite any such Copyright Assignment, Stephens Media shall retain (and is hereby granted by Righthaven) an exclusive license to Exploit the Stephens Media Assigned Copyrights for any lawful purpose whatsoever and Righthaven shall have no right or license to Exploit or participate in the receipt of royalties from the Exploitation of the Stephen Media Assigned Copyrights other than the right to proceeds in association with a Recovery.

From Vegas Inc:

As expected, the Jan. 18, 2010, Strategic Alliance Agreement shows the previously-confidential deal calls for Stephens Media to receive a cut of Righthaven's lawsuit proceeds, minus costs. That cut is 50 percent. ...

Laurence Pulgram, an attorney representing Righthaven defendant the Democratic Underground in the case, said this agreement shows Righthaven only obtains limited rights -- and this discovery may undermine all of Righthaven's lawsuits over Review-Journal material.

'By rejecting Righthaven's and Stephens Media's efforts to keep the document secret, Chief Judge Hunt has allowed the various victims of Righthaven's campaign of intimidation to know the truth. The document in question, a Strategic Alliance Agreement, gave Righthaven the right to sue on Stephens' Media's copyrights, but no other rights in the copyrights, which we believe will defeat Righthaven's standing to sue any of those it has targeted,' said Pulgram, an attorney associated with the Electronic Frontier Foundation with the San Francisco law firm Fenwick & West LLP.

Defense attorneys fighting Righthaven say that in order to sue, Righthaven must have complete ownership of the copyrights. They say that providing Righthaven only rights to sue undermines the purposes of the Copyright Act.

'Righthaven’s practices create a secondary commodities market for copyrights, or exclusive subsidiary rights in copyrights, to be used only in suing others who may have valid defenses, but cannot afford to raise them – or engage counsel whatsoever,' said a filing Thursday by attorneys in another case representing the Media Bloggers Association.

'This is inimical to the purpose of the Copyright Act, which was intended to protect the intellectual investments of creators, rather than creating lawsuit mills that use registered copyrights – only after their infringement was discovered – as a source of income, rather than a shield against others’ misappropriation.'

Righthaven Copyright Troll Targets Pro-Veteran Groups and Advocates

Righthaven LLC as Troll

Update: Sources report Righthaven LLC, the embarrassment to the legal profession and lowest scum to crawl out of the gutter of Las Vegas, is the subject of multiple major press stories coming out in the coming weeks. U.S. District Judge John Kane: Courts will not be used as tools to exact settlements from intimidated defendants afraid of high costs of litigation and alleged liabilities

Righthaven LLC is a new business model that is organized to abuse the judicial process in its search for potential defendants to sue.

Now Righthaven is targeting veterans and advocates for veterans.

As reported by the Las Vegan Sun, Righthaven, “detects (alleged copyright) infringements, obtains copyrights to the stories at issue and then retroactively sues the alleged infringers.”

A very partial list of Righthaven lawsuits reveals a "sue-first-ask-questions-later," gutter operation run out of Las Vegas abusing its way to 100s and 100s of lawsuits the number of which appears to grow almost by the day.

From the Righthaven Victims Network:

Righthaven LLC -- a bottom feeding legal outfit -- has teamed up with the Las Vegas Review-Journal and the Denver Post [among over 100 media outlets] to sue 'mom and pop' websites, advocacy and public interest groups and forum board operators for copyright violations. The strategy of Righthaven is to sue thousands of these websites and counts on the fact that many are unfunded and will be forced to settle out of court. Most cases are being filed in a Nevada Federal Court and [according to Righthaven] must be fought in this jurisdiction.

From the late and great Larry Scott to the POW Network to a Gulf War trauma nurse veteran, Denise Nichols [whom Righthaven appears to be attempting to drive to her grave by inflicting stress through litigation], to Veterans Today, to Michael Leon, the list of veteran advocates and writers across the political spectrum under target is growing.

But so is the pushback against Righthaven, led by a federal judge.

The legal-political tide is definitely turning:

From Joe Mullin at Yahoo Finance:

Court orders from [Tuesday] and Thursday make it clear that the judge overseeing the [Righthaven defendant Brian Hill's] case has great distaste for Righthaven’s sue-first-ask-questions-later business model. The problem for Righthaven is that the same judge—U.S. District Judge John Kane—is handling all 58 of the lawsuits the company has filed in Colorado. ...

Judge John L Kane of the Federal Court of the District of Colorado ruled 'against Righthaven stating his court will not be used as a tool to encourage and exact settlements from defendants who may be intimidated due to the high cost of litigation and potential liabilities. Thus cutting to the heart of Righthaven's business model.'

Righthaven is also targeting Veterans Today.

Veterans Today describes itself as "a journal representing the position of members of the military and veteran community in areas of national security, geopolitical stability and domestic policy .... the only independent, unaligned voice of its kind in America, accepting no financial support from any organization or individual, existing solely for educational purposes."

Reading between the lines of this shadowy group, best I can tell the site is run by ex-intel and ex-special forces American military personnel with a long reach into many spheres of intelligence, geo-political and international covert ops.

Reaching Veterans Today is like finding life on Mars, and Righthaven which has numerous suits pending against Veterans Today calls them in court documents, an "entity of unknown orgin and nature."

I'm guessing Righthaven just stepped into some deep waters with funny undertows.

In any event, here's an open statement to Righthaven: Nobody likes a scumbag.

And the Tenth Circuit of the United States District Court system really doesn't like these scumbags.

To offer the reader an idea of the duplicity of Righthaven, consider its claimed Venue [the legally proper place where a given case ought to be argued].

Righthaven asserts in one suit: "The United State District Court for the Southern District of California is an appropriate venue, pursuant to U.S.C. 28 §139(b)(2), because a substantial part of the events giving rise to the claim for relief are situated in California.” [No 2:10-CV-01672-GMM-LRN filed 11/24/2010]

In a virtually identical suit served on another party, Righthaven asserts: "The United State District Court for the District of Nevada is an appropriate venue, pursuant to U.S.C. 28 §139(b)(2), because a substantial part of the events giving rise to the claim for relief are situated in Nevada.” [No 2:10-CV-01672-GMM-LRN filed 09/27/2010]

Attorneys litigating in the federal court system are expected to be diligent about the facts presented to the Court. But this cookie-cutter nonsense litigating is absurd on its face.

I'm no lawyer, but the above example of Righthaven simultaneously claiming two venues for the same complaint sure does appear to be a violation of Federal Rules of Civil Procedure III. PLEADINGS AND MOTIONS; Rule 11. Signing Pleadings, (b) Representations to the Court.

(b) Representations to the Court.

By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.