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Setback For RIAA In Sweeping Lawsuits

Posted by timothy on from the automation-will-do-wonders dept.

pvt_medic writes "In a set back for the RIAA, last Friday a judge ruled that they have to file lawsuits individually. The judge's decision was that for each John Doe that the RIAA wanted identified they would have to file an individual lawsuit."

1 of 45 comments (clear)

  1. Re:No Reverse class action? by jhylkema · · Score: 4, Informative

    /* DISCLAIMER

    This is not legal advice. You are not a client. I'm not even an attorney. If you need/want legal advice, contact an attorney admitted to practice in your jurisdiction. What I am saying here is probably 100% wrong and if you do anything based on it, you are a blitering idiot who deserves whatever bad shit is very likely to befall you.

    DISCLAIMER */

    Quoth the poster:

    So class action suits don't work in reverse. A class can sue an entity, but not the other way around.

    Not necessarily. Rule 23 of the Federal Rules of Civil Procedure (FRCP 23) governs class actions.

    In a nutshell, the prerequisites are:

    (1) the class is so numerous that joinder of all members is impracticable,

    (2) there are questions of law or fact common to the class,

    (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and

    (4) the representative parties will fairly and adequately protect the interests of the class.