Messages

46

Higbee Associates Letter & Lawsuits Forum / Re: Is Higbee Stuck at the Bottom?

« on: October 11, 2017, 12:42:07 PM »

I put Sadowski in a different category than Higbee's usual troll clients. I'll have a better sense of him after that deadline in the Backchina case passes this week to see how far they push.

47

Higbee Associates Letter & Lawsuits Forum / Are The Judges on to Higbee? (docs inside)

« on: October 11, 2017, 08:29:42 AM »

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 https://drive.google.com/open?id=0B6ZBMFkSS0ADS2R1Slc2elRGMzA

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 https://drive.google.com/open?id=0B6ZBMFkSS0ADSG9Wd3g3QVE0cXM

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.

48

Higbee Associates Letter & Lawsuits Forum / Re: Is Higbee Stuck at the Bottom?

« on: October 10, 2017, 09:06:09 PM »

Have you seen if any Higbee case has ever gone to trial? A case that he not only filed but that he also wasn't replaced by substitute counsel before trial? I did a brief search and everything I saw had a shelf life around 6 months, some longer, and then settled. After 6 months the pre-trial deadlines usually start coming and coincidentally the cases disappear.

All the defendants and plaintiffs are different, but Higbee is the constant in these scenarios. It seems to happen more often than not so I wonder if Higbee is the one blinking when put up or shut up time comes and he has to pay local attorneys out of pocket for trial time or take what he can get without dealing with judgment collection issues.

49

Higbee Associates Letter & Lawsuits Forum / Re: If You Want To File a Complaint Against Higbee

« on: October 10, 2017, 04:27:28 PM »

For all the people out there dealing with Higbee's firm, has anyone gotten a letter, call or e-mail from Higbee himself or is he trying to shield himself by having lower attorneys be aggressive with the dishonesty and deceptions? I know he sends out the opening form letters, but anything beyond that or is he hiding?

Well, anyway, my point is under the rules of many states Higbee is licensed in he and his copyright "supervising attorney" can also be subject to discipline for the misconduct of their no name attorneys. Usually this is in Rule 5 of the state's ethics rules.

50

Higbee Associates Letter & Lawsuits Forum / Re: Higbee law getting all they can handle from from defendent fighting back lawsuit

« on: October 10, 2017, 04:03:29 PM »

I don't know the rules on it but if it is possible it would be a good move for anyone defending against Higbee. You're probably not getting anyone great through a court appointment, but anything to slow down the Higbee machine and make cases more expensive for him is probably a good thing.

51

Higbee Associates Letter & Lawsuits Forum / Re: Higbee law getting all they can handle from from defendent fighting back lawsuit

« on: October 10, 2017, 02:21:38 PM »

Good find. I noticed the apparent swap in Sadowski's lawyer from the Higbee guy to Robert Michael Brill on 10/5. I did a quick search and found the same pattern in a 2016 Sadowski case. Further evidence Higbee is soft on litigation and relies on local attorneys to cover him.

I'd like to see more of what the copyright usage was in this case. Higbee and Sadowski are definitely an aggressive attorney and client match.

Is a pro bono attorney an option for everyone defending Higbee's filings? It could potentially slow things down for him.

52

Higbee Associates Letter & Lawsuits Forum / Is Higbee Stuck at the Bottom?

« on: October 10, 2017, 12:59:48 PM »

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.

https://www.pacermonitor.com/public/case/22626627/Sadowski_v_Beasley_Media_Group,_Inc

53

Getty Images Letter Forum / Re: PicRights.com

« on: October 05, 2017, 11:41:55 AM »

This is one way http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First

They will usually let you know if it is registered as a way to try and make you think they are 'serious.' You can either demand to see the registration from them or laugh at them if they try to file a case without registering it.

54

Getty Images Letter Forum / Re: PicRights.com

« on: October 05, 2017, 08:35:48 AM »

Are you in the US? A quick scan of their website makes them look like an international operation without a US attorney, yet anyway. And if the copyright holder is in a different country, that usually makes court enforcement much more expensive and difficult for them due to the travel to come to court for the lawsuit like Higbee is finding with the Nick Youngson cases.

If you are in the US I don't believe they can file a suit unless and until the copyright is registered so I would check that out.

55

Getty Images Letter Forum / Re: Still insisting

« on: October 04, 2017, 01:54:50 PM »

You either do the dance and see who budges first, or you pay it off and move on with your life. Hell for that small amount I would offer half and present it as saving them the court filing fee just to be done with it. Until they change the laws, copyright still is strict liability which is why the trolls are out in full force.

56

Getty Images Letter Forum / Re: Still insisting

« on: October 03, 2017, 05:30:04 PM »

If it is already past or close to 3 years since the infringement you may have a statute of limitations defense. If applicable, that could make all their huffing and puffing meaningless.

57

Higbee Associates Letter & Lawsuits Forum / Re: Actual Damages and Statutory Damages on Copyright lawsuits –Higbee cases

« on: October 03, 2017, 02:11:06 PM »

In a perfect world it would but in the real world I wouldn't count on it. Plus, if I was the defendant in a Higbee case I would be running to a jury trial instead of leaving it to a judge if it was a believable innocent mistake.

Most judges won't even blink at errors like that unless the other party moves on the pleading errors.

Doesn't this reflect poorly on plantiff's counsel and how judges view the merits of the case?

58

Higbee Associates Letter & Lawsuits Forum / Re: If You Want To File a Complaint Against Higbee

« on: October 03, 2017, 08:25:33 AM »

Edited the first post to add in the specific Rules he is most likely violating information for each state on the list.

59

Higbee Associates Letter & Lawsuits Forum / Re: Actual Damages and Statutory Damages on Copyright lawsuits –Higbee cases

« on: October 02, 2017, 09:02:53 PM »

It depends on which section of the pleading you are looking at. There are usually a bunch of recitals etc. that are standard and cite the basis for statutory and actual damages. After the recitals there is usually a "prayer for relief" section and that is where they are electing which damages they want.

He makes mistakes in his cut and paste pleadings though so I wouldn't be surprised if he messed up somewhere and asked for both. Most judges won't even blink at errors like that unless the other party moves on the pleading errors.

60

Higbee Associates Letter & Lawsuits Forum / Re: Higbee client's lawsuit/ Failed settlement over confidentiality clause

« on: October 02, 2017, 04:52:04 PM »

Give them hell Dave. I don't see how they didn't just waste $400 of their client's money on this little exercise. Higbee might not care, but his client should.

Thank you to all of your forum members for their interest in this case.  Please don't be jealous of my aol account.  I may change it someday.  Yes I have an account through my law firm, but this started out as such a petty matter, I thought it would wrap up, used my old aol, and well, here I am.  I do not have a great deal of time to use the forum, but want to support an active community fighting these lawsuits.  Yes, they had my client's check in their possession.  In fact, my client signed their release and returned, it, correcting some errors, and drawing a line through confidentiality clause (which is almost undoubtedly unenforceable anyway).  They returned the check and filed suit.  Ironically, they have undermined the confidentiality they claim to seek in a manner which cannot be undone.  Interesting to see what the Federal Court will think of that.  I will certainly do a FRCP rule 68 offer immediately after responding.  I think that showing the public what goes on here is important not just for this one case, but for an "extrajudicial business model" driven by dishonest representations of legal repercussions to the primarily innocent infringers whom have inadvertently been misled, sometimes by the photographers themselves or those acting their behalves.  Yes, I am the defense attorney in this case.  Yes, I am fine with public scrutiny of what I have done.  My client has done nothing to be ashamed or embarrassed of, either in innocently posting what he reasonably believed was an image in public domain, or in offering to settle for $1000, more than the case should be valued at.