Friday, September 21, 2012

Abrahams v. Hard Drive: Update 2

Well this is big news: Following up on my earlier update on this case, there was a hearing today on the Abrahams v. Hard Drive case to argue Abrahams two-strike dismissal motion. I'm not exactly sure what was said, but here is the order basically dismissing Hard Drives claims.
Copyright Troll Case Thrown OutIt was stipulated that the two-strike rule applies, so Hard Drive's claims are barred by res judicata. What that means is Hard Drive's lawyers showed up at the hearing today and actually agreed that their claims were barred. What happened to all that talk about how the claims weren't barred?
The interesting thing about today's order is that Abrahams has been ordered to file a brief on subject matter jurisdiction. In case you're not a lawyer, the reason for that is this: Now that Hard Drive's claims against Abrahams have been dismissed with prejudice, there is no longer a "case or controversy" between Abrahams and Hard Drive. Hard Drive can't sue Abrahams any more. And unless there is a real case or controversy, the Court does not have the authority (subject matter jurisdiction) to listen to the dispute--basically because there no longer is a dispute. Interesting.
I'm still scratching my head. This is some of the weirdest lawyering I've ever seen.
You infringe!
No you don't!
Yes you do!
No you don't!
See today's order below.