{"id":4236,"date":"2015-03-19T05:53:55","date_gmt":"2015-03-19T10:53:55","guid":{"rendered":"http:\/\/www.thevalleyledger.com\/wordpress\/?p=4236"},"modified":"2015-03-19T05:58:02","modified_gmt":"2015-03-19T10:58:02","slug":"law-license-to-ill-beastie-boys-attorneys-seek-millions-from-opposing-counsel","status":"publish","type":"post","link":"https:\/\/www.thevalleyledger.com\/?p=4236","title":{"rendered":"Law License to Ill: Beastie Boys\u2019 Attorneys Seek Millions from Opposing Counsel"},"content":{"rendered":"

Litigation is a long, strange trip most times. \u00a0It is an environment that is separate from reality in quite a few ways. \u00a0And this is nearly impossible to explain and accurately convey to people unless they themselves have sued someone or been sued themselves.<\/p>\n

What I warn potential clients when they indicate that they want to commence litigation is this: \u00a0The Rules of Civil Procedure enable your opponent to engage in some pretty frustrating behavior. \u00a0So frustrating that you will begin to wonder why the unreasonable party tends to prevail in litigation matters without much adverse consequence. \u00a0How can they keep delaying the hearing? \u00a0Why don\u2019t they have to produce the documents on time??? \u00a0How they get away with this?? \u00a0<\/em>This can lead to a lot of emotional distress whether in a commercial litigation matter, personal injury case or a family law matter.<\/p>\n

And here is the answer: the Rules of Civil Procedure create an environment where the team that acts reasonably sometimes gets chewed up and spit out. \u00a0It is the unreasonable litigant that usually prevails. \u00a0\u00a0This is why they won\u2019t let me teach law school<\/em>\u2026.<\/p>\n

There are limits, however. \u00a0Parties (and their attorneys for that matter) can\u2019t simply adopt any old outrageous position they want simply to harass, delay or oppress their opponent. \u00a0There are limits.<\/p>\n

In federal court in New York, the Beastie Boys filed suit against Monster Energy Company (captioned\u00a0Beastie Boys, a New York Partnership, et al. v. Monster Energy Company<\/em>, Docket No. 12 Civ. 6065 (PAE)). \u00a0This was a copyright act dispute in which the Beasties alleged, through their counsel of course, that Monster Energy Company violated The Copyright Act and the Lanham Act by using recording of the Beastie\u2019s work in Monster advertising without license or permission from the Beasties. \u00a0OK so far? \u00a0Good\u2026.<\/p>\n

At trial, the Beasties prevailed on their claims, and were awarded approximately $2 Million. \u00a0However, under The Copyright Act, a plaintiff can be entitled to recover attorneys fees in certain circumstances. \u00a0The Beasties counsel racked up\u00a0over $2 Million in legal fees<\/em>, which was due \u2013 allegedly \u2013 to the conduct of the Defendant\u2019s counsel.<\/p>\n

Locally, in Pennsylvania state litigation, there is a similar concept. \u00a0If you are a defendant in what you believe is a frivolous lawsuit brought against you, you may have a powerful weapon at your disposal: the Dragonetti Act. \u00a0 This law enables parties to be held liable if they initiate litigation in\u00a0\u201ca grossly negligent manner or without probable cause and primarily for a purpose other than\u201d the proper adjudication of their claim.\u00a0\u00a0Also, the person being sued must have had the litigation end in his or her favor. \u00a0See\u00a0<\/em>42 Pa.C.S.A. \u00a7 8351.<\/p>\n

While the Dragonetti Act is not something you get to deploy everyday against an opponent, it is indeed a powerful tool if you or your client is on the receiving end of a litigation matter that has been pursued for harassment purposes.<\/span><\/p>\n

\u00a0<\/span><\/div>\n
Bryan Tuk is an Attorney in Allentown. \u00a0You can learn more about his practice at http:\/\/tuklaw.com<\/span><\/a>, or follow him on Twitter @BryanTukArtsLaw<\/a><\/span><\/div>\n
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