Choose sanctions controversial copyright lawyer, notes ‘rising physique of legislation’ on when to punish him
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Choose sanctions controversial copyright lawyer,…
Trials & Litigation
By Debra Cassens Weiss
July 11, 2019, 12:37 pm CDT
Picture from Shutterstock.com
A federal choose in New York has ordered a litigious copyright lawyer to pay lawyer charges of $eight,745 as a sanction for failing to adjust to orders for a courtroom look and mediation.
U.S. District Choose Jesse Furman of the Southern District of New York started his
July 10 sanctions opinion by noting that the lawyer, Richard Liebowitz, “has earned the doubtful distinction of being an everyday goal of sanctions-related motions and orders. Certainly, it’s no exaggeration to say that there’s a rising physique of legislation on this district dedicated to the query of whether or not and when to impose sanctions on Mr. Liebowitz alone. … This opinion is the most recent contribution to that physique of legislation.”
Liebowitz is a New York lawyer who has filed greater than 700 copyrights fits for alleged unauthorized use of photographs in Manhattan federal courtroom since 2016, in response to Legislation360’s protection of the sanctions order.
One choose ordered Liebowitz to take a coaching class in ethics and professionalism and ordered him to pay $2,000, partly for materials omissions in a letter to the courtroom, in response to tales by Legislation360 and Reuters. One other choose ordered Liebowitz’s consumer to pay $120,000 in lawyer charges in a swimsuit in opposition to media defendants for utilizing a viral video that constituted truthful use, in response to Legislation360.
Furman sanctioned Liebowitz in his swimsuit in opposition to NBCUniversal Media for alleged copyright infringement for displaying a photograph of a wild raccoon being faraway from a magnificence store within the Bronx. NBUniversal stated it had a license for on-line use of the picture and supplied a $200 bill as proof.
Liebowitz didn’t reply to scheduling emails for the mediation and filed a stipulation by the events to dismiss the case Might 1, a day earlier than a scheduled pretrial convention. Liebowitz moved to cancel the Might 2 convention, however the courtroom refused, ordering Liebowitz to indicate as much as clarify why he didn’t adjust to the mediation order.
Regardless of that order, Liebowitz didn’t present up Might 2. When courtroom employees members contacted Liebowitz’s workplace, they acquired conflicting data as to “whether or not he was out of city or on his method,” Furman stated.
Furman concluded that Liebowitz willfully didn’t adjust to the orders for mediation and Liebowitz’s Might 2 look. The sanction was for lawyer charges incurred by NBCUniversal after April 18, the date by which the events had been ordered to conduct mediation.
Liebowitz didn’t instantly reply to an e mail request for remark by the ABA Journal.