Comment: Indeed. Here is another great exchange:

(See in situ)


Michael Nystrom's picture

Indeed. Here is another great exchange:

Another issue between the attorneys is Eiser's threat to counter-sue Edward Fenno, Righthaven's local attorney in Charleston, S.C., who filed the Righthaven suit against her.

In a letter from Fenno to one of Eiser's attorneys, J. Todd Kincannon, Fenno asked what grounds Eiser may sue Fenno for and said there was no basis for abuse of process, malicious prosecution or defamation claims.

"If you are considering filing suit against my firm or me, I request that you set forth the grounds in a letter to my attention (or even in a draft complaint for me to review) and give us a chance to explain our side of the facts and law before you actually proceed with filing a suit," Fenno wrote.

That drew a heated response from Kincannon, who wrote back: "Did you give my client that opportunity? Did you send Dana Eiser a list of things you were planning to sue her for prior to filing?"

"You should be embarrassed to ask for a courtesy you didn’t show my client prior to suing her. Besides, we both know filing frivolous lawsuits with no notice to defendants is part of the Righthaven business model, so as to more effectively leverage settlements out of these folks by causing them the intense emotional stress and financial pressure of retaining and paying an attorney in the extremely short window for responding to a complaint," he wrote.

"This is exactly what Righthaven tried to do to my client. Mrs. Eiser’s first notice of a lawsuit against her was when a reporter called to tell her she’d been sued. Her next encounter with the lawsuit was when your process server served her with the summons and complaint. I am genuinely curious as to why we should show you the courtesy of sending you a draft complaint prior to filing suit against you when you afforded my client no such opportunity.

"It’s genuinely funny to me how your perspective has changed now that you are about to be a defendant in a lawsuit," Kincannon wrote.

Rock on!

http://www.lasvegassun.com/news/2011/mar/03/righthaven-defen...