Thursday, November 17, 2011

Randazza Seeking Sanctions Against Righthaven Lawyer For Going Through Charade Yet Again

. Last week I wrote about the company to lose again and told to pay legal fees, once again. We noted that the minutes of the court that the lawyer had mentioned Righthaven, Shawn Mangano had been reprimanded by the judge. Well, now the full transcript of the hearing was released, and is worth reading (embedded below). Basically, the whole audience was totally unnecessary, and was partly due to the absence of Mangano paperwork to file on time (more than what appears to be confused). In any case, the public was quite unnecessary, and it's pretty clear that the judge is fed up and angry that such a hearing had not held in the first place. It seems that the only reason that the sanctions have not been issued against Mangano is that the judge is not a fan of punishing lawyers at all, but suggested that approached in this case:


Well, frankly, I think, Mr. Mangano, who could have taken it much better if you put in the position of someone other than you even look at this and see what they were doing jumping hoops opposing counsel that are totally unnecessary.


I have a great aversion to
to assess attorney fees against lawyers, and I'm not going to be assessed against him in 1927. But I can tell you right now I'm right about to do so.
I could have been much more civil and understanding about it. I do not like the imposition of sanctions against the lawyers, because I think that living with them for a long time.
Whether the client is another thing, and I do not really care about it. But I tell you now, you have more things to do in this Court, and you better start thinking in terms of civility, if you want to jump on you with both feet.


So personally
Mangano may have dodged a bullet in Colorado, this does not mean he gets to avoid similar problems again in Nevada. There, the legal group Randazzo (who was also involved in the previous case, and many others, many cases Righthaven) filed direct sanctions against Mangano, Righthaven contrary, noting that Righthaven permanent lost so many times that prosecution vexatious is to make another request:
The fact is that, after Mr. Mangano and his client has lost the same argument exactly eight times, Mangano continued to force the defendant to plead the same question the ninth time . The defendants' position that perhaps the first time Mangano written and signed, in direct contravention to the holding of the 9th circuit Silvers, an attempt would have been forgivable. The same can be true for the second and third time, with decreasing defensible. When he came on eight occasions said he filed a lawsuit in court untenable, Mr. Mangano in a clear obligation to exercise some degree of control of the customer, by refusing to wear the exact same arguments, or reject a case with an inevitable consequence of this kind, instead of forcing a defendant to plead the question exactly the same as
Time ninth grounds identical to the eight previous defeats. Forcing the issue nine times had no effect, except for imposing sanctions for the costs of litigation in the defendant. This defendant deserves to be cured for expenses incurred due to misconduct.


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