Posts Tagged ‘Dana Eiser’

South Carolina Supreme Court Filing Claims Righthaven Committed Unauthorized Practice of Law

Wednesday, June 29th, 2011

Todd Kincannon, the South Carolina lawyer representing Dana Eiser of the Lowcountry912 blog, sent me a petition that he just filed in the South Carolina Supreme Court alleging that Righthaven is engaged in the unauthorized practice of law.

I’ve posted the petition to my own server: [pdf].

I’ve been waiting for someone to do this since I heard about Righthaven splitting litigation proceeds with its newspaper partners. You can’t do that. Lawyers can’t split fees with non-lawyers.

Why not?

If a lawyer splits fees with a non-lawyer, then that means a non-lawyer is collecting fees for practicing law. And you have to be a lawyer to practice law. That’s the logic of it.

As the petition says: “[A]n entity in the business of seeking assignments, pursuing litigation in its own name, and splitting the proceeds with the assignor commits a fraud on the court and the unauthorized practice of law.” (Pet’n, pp. 4-5).

After I get a chance to take a better look at the petition, I’ll write with more.

In the Las Vegas Sun: My Take on the Rule 11 Threat Against Righthaven

Wednesday, March 2nd, 2011

Steve Green of the Las Vegas Sun interviewed me about Dana Eiser’s rule 11 motion against Righthaven:

Separately, two law professors who have been critical of Righthaven expressed skepticism about threats by Righthaven defendant Dana Eiser to ask a federal judge in South Carolina to order Righthaven to refund settlement funds from prior lawsuits.

Attorneys for Eiser made the threat Sunday as they challenged Righthaven’s standard lawsuit demand that Eiser forfeit her website domain name to Righthaven.

“I’ve never heard of anything like this, and I can’t imagine how it would work. Eiser’s heart is in the right place. I’d love to see Righthaven have to give back the settlement money, but I don’t know of any legal way of forcing them to do that,” said Eric Johnson, an associate professor of law at the University of North Dakota. “Eiser’s attorneys don’t cite any legal authority supporting their claim – at least in the motion.

“Courts perceive very strong public-policy reasons for not overturning or interfering with settlements, even when they seem very unfair,” Johnson said.

The full article also contains quote from Eric Goldman of Santa Clara University Law School. Neither Professor Goldman nor I see much prospect for success here. But I like the chutzpah.

Blogger Aiming to Force Righthaven to Give Back Settlement Money

Monday, February 28th, 2011

Steve Green of the Las Vegas Sun reports on the latest Righthaven news – Dana Eiser, the blogger behind Lowcountry912, is looking to force Righthaven to refund its previously collected settlement amounts.

That would be awesome if it could work.