Wednesday, November 4, 2009

Law Professor dismisses suit vs. Above the Law; no settlement; avoids sanctions and attorneys' fees

Just eight days after filing his pro se suit over postings on the Above the Law legal blog, University of Miami Law School professor D. Marvin Jones has voluntarily dismissed his complaint, without a settlement.
Jones v. Minkin Dismissal

As Above the Law notes, "Pursuant to Rule 41(a)(1)(A)(i)(B), the dismissal is without prejudice. But if Professor Jones were to attempt to refile at this point in time, he would encounter a statute of limitations problem." The move will allow Jones to escape paying sanctions or attorneys' fees for filing a complaint that was shredded across the legal blogosphere. The defendants' counsel Marc Randazza issued the following statement to Above the Law:
I’m relieved that Mr. Jones came to his senses. We were prepared to file a motion to dismiss and a motion for sanctions, and we were confident that both would have been successful. I am consistently unimpressed by academics and anti-speech parties who think that the courts are there for the redress of foolishness, not the legitimate redress of valid legal grievances.
I think Jones' dismissal is a tribute to the power of the blogosphere to, at least every once in a while, shame bad actors into doing the right thing.

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