Posts Tagged ‘Roger L. Hunt’

Vegas Court Rules it has Jurisdiction Over Out-of-State Righthaven Defendant

Wednesday, September 8th, 2010
Street-level view of modern Lloyd D. George U.S. Courthouse in Las Vegas in daytime

The Lloyd D. George U.S. Courthouse in Las Vegas

Judge Roger L. Hunt of the U.S. District Court for the District of Nevada in Las Vegas has ruled that his court has jurisdiction over an out-of-state defendant in one of the Righthaven copyright infringement suits.

Righthaven is thugster ad litem for the Las Vegas Review-Journal in a campaign of no-warning copyright infringement suits filed against bloggers and others who have reposted stories or portions of stories from the newspaper.

Many Righthaven defendants were hoping to get their lawsuits dismissed for lack of personal jurisdiction. With this ruling, it appears defendants will have to look to other tactics if they are to ward off Righthaven claims.

In a case against a Texas law firm, Righthaven LLC v. Dr. Shezad Malik Law Firm P.C. (Case No. 2:10-cv-0636-RLH-RJJ), Judge Hunt denied a motion to dismiss with an order employing analysis that would seem to be applicable to all Righthaven defendants:

… Defendant itself cites to a case both on point and dispositive of this issue. Applying the “effects” test of Calder v. Jones, 465 U.S. 783 (1984), the Ninth Circuit found that where a defendant “willfully infringed copyrights owned by [the plaintiff], which, as [the defendant] knew, had its principal place of business in the Central District [of California], “[t]his fact alone is sufficient to satisfy the ‘purposeful availment’ requirement.” Columbia Pictures Television v. Krypton Broadcasting of Birmingham, Inc., 106 F.3d 284, 289 (9th Cir. 1994). It is common knowledge that the Las Vegas Review Journal newspaper is published and distributed in Las Vegas, Nevada by the party which assigned the copyrights together with the right to seek redress for past, present and future infringements. Accordingly, this Court has jurisdiction over Defendant, based upon the allegations of the Complaint.

Steve Green reported the decision in the Las Vegas Sun.