Wednesday, November 4, 2009

Suit Against Above the Law Quickly Dismissed

As quickly as it started with a bang, the lawsuit by Miami law professor Donald Jones against mega law blog Above the Law and its Editor in Chief David Lat), has been dropped.

The suit had been widely lampooned around the legal blogosphere, both for its lack of legal merit as well as the resulting public relations debacle.

In today's post, Lat showed more than a bit of class with this offer:

We have offered Professor Jones a guest post on Above the Law in which to provide his side of the story, about either the lawsuit or the underlying facts. We have offered to keep the comments on that post closed or open, depending on his preference.

The case, in essence, ended pretty much the way I suggested yesterday. Jones bailed out of a poorly thought suit, and at the same time corrected the digital record that had last seen him being arrested on a prostitution solicitation charge. Those who Google him 5 years from now will no longer see an arrest of this type on Google's first page.

Instead they will see this lawsuit. And if accepts the ATL offer, they will likely see his explanation.

As I noted in the comments yesterday, it was wise for Prof. Jones to drop quickly, since once ATL answered the suit, they would need ATL's permission to drop it. And ATL might have decided not to allow it without some other type of concession from Jones. (A tactic I used ten years ago defending one of the first internet defamation cases.)

First Amendment guru Marc Randazza was defending Above the Law, and "hoping to open up this can of whup ass I have lying around." And if anyone has any thoughts about suing me for anything related to this blog, you should know I've got Randazza on my short list also.

Labels: First Amendment

posted by Eric Turkewitz
Permanent Link

Comments:

Do I get a free guest post if I sue you?

# posted by  Max Kennerly : November 04, 2009 10:19 PM

 

Do I get a free guest post if I sue you?

I'm negotiable.

# posted by  Eric Turkewitz : November 04, 2009 10:22 PM

 

So then the going rate for a post-style ad on above the law is $350?

# posted by  Anonymous : November 05, 2009 9:05 AM

 

So then the going rate for a post-style ad on above the law is $350?

Sort of. The problem is you have to be humiliated for your legal skills to get there.

Perhaps one day we'll find out from the prof if he thinks it was worth it.

My bet is that if he writes on the subject he will say "yes" it was worth it, because he sets the record straight in his mind as to the events that led to his arrest.

Whether that is a bona fide yes, or merely putting the best face on a bad situation, is another story.

# posted by  Eric Turkewitz : November 05, 2009 10:48 AM

 

Post a Comment

Links to this post:

<$BlogBacklinkTitle$>  
<$BlogBacklinkSnippet$>

posted by <$BlogBacklinkAuthor$> @ <$BlogBacklinkDateTime$>

Create a Link

<< Home

The New York Personal Injury Law Blog is sponsored by its creator, Eric Turkewitz of The Turkewitz Law Firm. The blog might be considered a form of attorney advertising in accordance with New York rules going into effect February 1, 2007 (22 NYCRR 1200.1, et. seq.) As of July 14, 2008, Law.com became an advertiser, as you can see in the sidebar. Law.com does not control the editorial content of the blog in any way.

Throughout the blog as it develops, you may see examples of cases we have handled, or cases from others, that are used for illustrative purposes. Since all cases are different, and legal authority may change from year to year, it is important to remember that prior results in any particular case do not guarantee or predict similar outcomes with respect to any future matter, including yours, in which any lawyer or law firm may be retained.

Some of the commentary may be become outdated. Some might be a minority opinion, or simply wrong. No reader should consider this site (or any other) to be authoritative, and if a legal issue is presented, the reader should contact an attorney of his or her own choosing for advice.

Finally, we are not responsible for the comments of others that may be added to this site.