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Friday, March 30, 2007

 

RIAA Backs Down After Receiving Letter from Defendant’s Lawyer Threatening Malicious Prosecution

‘Your office has a duty of good faith independent factual investigation and legal research sufficient to support a finding of probable cause to sue.

In Williams v. Coombs (1986) 179 Cal. App. 3d 626, the California Court of Appeal held that attorneys who participate in the filing or maintenance of litigation without probable cause are personally liable for malicious prosecution of a civil action. [..]

If your client (and your law firm?) are seeking probable cause shelter in a settlement negotiations house of straw (as suggested by your March 23 letter), all of you should consider the prevailing winds of the Evidence Code before making yourselves too comfortable. Straw will burn.’

It’s actually funnier than it may sound. :) Hooray for standing up to the RIAA.




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