U.S. Marshals ordered to seize Net troll's assets in win for veteran

Wayne Hoehn, Recon Company,
E 2 /12, 12th Cavalry Regiment;
Vietnam War

Highly decorated Vietnam veteran WINS VICTORY for THE INTERNET‏ and FIRST AMENDMENT - Wayne Hoehn, has just won his sought-after order from a federal court in Las Vegas commanding the U.S. Marshals Service to seize more than $63,000 in Righthaven LLC's assets to satisfy a Hoehn's judgment and costs.

What happens when deceitful fraudsters like Righthaven LLC and attorney Shawn Mangano go up against veterans, advocates, the Tea Party, the Democratic Underground and some very serious legal talent?

They lose big.

By Michael Leon

Randazza Legal Group, Hoehn’s attorneys [and this writer’s] has represented [and still is] numerous victims of Righthaven which has sued 100s of veterans and advocactes, lying in complaints in federal court that Righthaven holds copyrights.

From Steve Green:

Las Vegas copyright infringement lawsuit filer Righthaven LLC’s financial problems grew Tuesday when the federal court in Las Vegas commanded the U.S. Marshals Service to seize more than $63,000 in Righthaven assets to satisfy a creditor’s judgment and costs.

Lance Wilson, clerk of the court, signed a writ of execution requested by attorneys for Wayne Hoehn, who was sued for copyright infringement by Righthaven — but then defeated Righthaven in court when his case was dismissed this summer.

Righthaven since March 2010 has filed 275 lawsuits against websites, bloggers and message board posters claiming they infringed on material from the Las Vegas Review-Journal and the Denver Post by posting their content online without authorization.

The company’s litigation campaign stalled this summer after three suits were thrown out on fair use grounds and five judges in Nevada and Colorado ruled Righthaven lacked standing to sue because it didn’t control the newspaper copyrights it claimed to own. ...

The writ was issued after Randazza Legal Group attorneys asked the court to issue it Saturday, one day after Righthaven missed a deadline to either pay the original $34,045 or post a bond guaranteeing payment while it appealed the fee award.

"Righthaven has exhausted any benefit of the doubt that it could be afforded, and it is time for it to pay the consequences for its actions — starting with Hoehn’s lawful judgment plus the accrued costs and fees expended in the (so far) futile attempts to compel Righthaven to take this court’s orders seriously,’’ Randazza attorneys wrote in Saturday’s request

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.