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Topics - icepick

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I saw a recent case filing from Higbee with a case based on a plaintiff in Australia. For anyone else dealing with the Nick Youngson claims or other international plaintiff's this will be interesting to follow if the defendant doesn't roll over and calls the bluff of the plaintiff coming to court for discovery and trial. Here is the filing:

One unique fact is it refers to a 2015 claim against this defendant that was settled so it may have influenced the decision to file.

If anyone is defending against a Higbee Sadowski case the Backchina case currently pending in Texas may be useful to follow. Defendant recently filed their motion for summary judgment for fair use and Sadowski provided his evidence of sales, of course most of them are well below Higbee's extortion demands and he doesn't have much proof of payment. Any wagers on Higbee's next move? I'm thinking he has to be close to folding on this case since the sales evidence came up so weak. Another swing and a miss.

Sadowski Sales Statement

Sadowski Invoice

Defendant's Memo for summary judgment

I was doing some more research on my favorite guy, Higbee. I came across a couple of very interesting documents connected with some kind of settlement conference as part of his rampant case filings.

Here is the first summary from the defendant's attorney. The thing that jumped off the page to me is the statement that each side taking nothing is what the judge mentioned. He didn't say the judge recommended it, but it was clearly on the judge's mind to mention it. I don't know what the defense attorney had on Higbee to leverage this but I wish I did. Here is the link

Here is Higbee's summary of that same conference and it contains actual numbers! The case settled a few months after this back and forth, no idea what the outcome was. So yeah, he definitely goes for the low hanging fruit and backs off his $5k demands pretty quick when pushed and forced to explain it to a judge. Here is the link

I don't know, Higbee's attempts at covering things up with confidentiality clauses aren't going to work when documents like these keep showing up in case records for everyone to see.

I came across a recent filing from a plaintiff Higbee has filed many copyright cases for, Sadowski. The case is against a media company that is probably a bigger fish than Higbee can handle plus it's in NY. The funny thing is it looks like his client knows Higbee is only good at small time extortion and did not give him the real case. So much for that budding "copyright department" at Higbee.,_Inc

Higbee Associates Letter & Lawsuits Forum / Higbee's Greatest Courtroom Hits
« on: September 30, 2017, 04:58:10 PM »
So check out this Motion to Strike Higbee filed in a case. You might notice the parties listed on page 2 Under I. are not the parties in this case. Cut & Paste gone wrong. How embarrassing for him.

Now this. Higbee was trying to avoid leaving his desk in California on this case, using hired local guns instead. I guess the judge got tired of it, he ended up getting an order to personally appear lol

Then when the conference finally happens, I guess the judge felt sorry for the guy and let him appear by phone instead of in person.

If you want to file a complaint against Higbee I've compiled links for each of the states he is licensed in. All can be done online except 2. I'll probably put together pre-filled PDFs for those 2 later. If you plan on doing more than one, cut and paste the narrative part so you don't have to keep re-typing it. You can file a complaint anywhere and everywhere, I'm not aware of any residence requirements.

If you want help on how to identify the ethics rules he may be violating in your case, send me a private message and I may be able to pull out the key points to hit in your case.

You must have written or recorded evidence: either letters, e-mails, or voice-mails. He said/she said doesn't get very far. His being mean to you doesn't get very far.

But some of the deception he has employed in dealing with his victims can get very far with the right evidence. For example, if he has solicited you to give him a copy of your business insurance so they can help you get them to pay him. That is a big red flag and potential actionable violation. I can only imagine the other kinds of things he's done after hearing that one.

Here is the link

Update 10/3 - I did some more digging. For every state on that list except Texas and California the rules Higbee is probably most likely violating are Rule 4.1 and 8.4 in each state. Higbee violates 4.1 if he makes misstatements of material facts to non-clients and some of his written statements I've seen might cross that line. Higbee violates rule 8.4 if he engages in conduct involving deceit, dishonesty, misrepresentation, etc which is a bigger gray area that he might be in violation of with several of his tactics. I think that request for business insurance "so he can help you" can easily fit in 8.4.

In Texas, the rules are 4.01 and 8.04. Same rules, just numbered differently. I actually could not find a black letter rule for California, but when I called them they said to file the complaint anyway and they will review it for any violations if applicable.

I'm pretty sure, but not positive, that if he is found in violation in a state where he is licensed in it gets reported back to California and they can take a look that way for any California discipline. And one last twist, the downside of being a "national law firm" is he is subject to ethics rules of every state he is licensed in which can then rubber band back to his home state, the cost of trying to run a big scam.

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