ELI Forums > Higbee Associates Letter & Lawsuits Forum
Higbee client's lawsuit/ Failed settlement over confidentiality clause
icepick:
Found another suit he recently filed for the same photographer. The interesting thing here is defendant removed the image from the page it was on, but it was still on the server so Higbee is going to push for willful infringement based on that. So delete the images from your server also.
https://www.unitedstatescourts.org/federal/ord/133130/
This is purely a guess, but if he can get $1,500 settlements for paying $400 filing fee + at most an hour drafting time I guess he still makes enough to keep going.
clist:
--- Quote from: Matthew Chan on September 28, 2017, 06:03:01 PM ---This is a situation where Higbee seems to be a real stickler to keep people quiet. They appear to get a $1,000 check but it seems Reed/Higbee is forcing the issue. I think there will be unintended consequences for both sides.
I suspect I know why Reed/Higbee wants confidentiality. So people won't know that settlement amounts can be very low. But it seems the defendants were willing to pay the $1,000...
--- End quote ---
Boom.
It will be interesting to see how this plays out.
For the plaintiff, this may just be a win on paper...
clist:
--- Quote from: icepick on September 28, 2017, 07:14:05 PM ---That's good info. I'm a little confused/surprised with the defense attorney using an AOL email address. It just looks off, might not be practicing much.
--- End quote ---
Friend of the family perhaps? ;D
Matthew Chan:
I always tell people to remove the image from the server. But layman users sometimes think that removing the image from the page is the same thing and later learn the hard way, it isn't.
And regarding the 1-hour drafting time for the complaint, you are being too generous here given it is generally a Word template they have on file.
--- Quote from: icepick on September 29, 2017, 11:54:49 AM ---Found another suit he recently filed for the same photographer. The interesting thing here is defendant removed the image from the page it was on, but it was still on the server so Higbee is going to push for willful infringement based on that. So delete the images from your server also.
https://www.unitedstatescourts.org/federal/ord/133130/
This is purely a guess, but if he can get $1,500 settlements for paying $400 filing fee + at most an hour drafting time I guess he still makes enough to keep going.
--- End quote ---
Matthew Chan:
Icepick,
Good stuff you are posting and sharing. Thank you.
And I have it on pretty good authority that federal judges HATE these kinds of small-fry lawsuits and there is a fair amount of pressure to make it go away (settle the damn thing). It makes the plaintiff and the lawyer look petty.
This is why I generally tell victims that they should put IN WRITING an at least one offer to settle and keep that letter on file even if the settlement amount is smaller. It takes away the argument that the defendant didn't try and helps make the case that the plaintiff is being too greedy.
--- Quote from: icepick on September 29, 2017, 11:26:59 AM ---Another interesting fact is it was filed in Oregon where the defendant was. The Plaintiff appears to live in Washington state. Still closer to the courthouse than Youngson is. I'd love to hear more from this Attorney on his dealings with the Higbee outfit.
I'm not an expert, but I think the defendant can shield himself from the attorneys fees and costs with an offer of settlement that is equal to or more than any judgment plaintiff wins. That would force Higbee to decide if they want to go out on that limb and pay those costs + court time over a confidentiality clause.
And I laughed that Higbee demanded a jury trial in the petition, I would think defendants would make out better with a jury in Higbee cases than he would.
--- End quote ---
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