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RIAA Has to Disclose Attorneys Fees In Foster Case

NewYorkCountryLawyer writes "The RIAA has been ordered to turn over its attorneys' billing records by March 26, 2007, in Capitol v. Foster in Oklahoma. The 4- page decision and order, issued in connection with the determination of the reasonableness of Ms. Foster's attorneys fees, requires the RIAA to produce the attorneys' time sheets, billing statements, billing records, and costs and expense records. The Court reviewed authorities holding that an opponent's attorneys fees are a relevant factor in determining the reasonableness of attorneys fees, quoting a United States Supreme Court case which held that 'a party cannot litigate tenaciously and then be heard to complain about the time necessarily spent by his opponent in response' (footnote 11 to City of Riverside v. Rivera)."

4 of 193 comments (clear)

  1. Transparency necessary for Credibility by mandelbr0t · · Score: 4, Interesting

    We're just asking the MAFIAA to prove that these lawsuits aren't a legal scam, designed to put money in lawyer's pockets. How can we trust such an organization's motives if they won't tell us how much money their lawyers are making?

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    "Please describe the scientific nature of the 'whammy'" - Agent Scully
  2. Re:One can only hope for this outcome.. by Archangel+Michael · · Score: 4, Interesting

    The system I would suggest is quite similar.

    X sues Y for Z$

    X wins, gets Z$

    Y wins, gets Z$ from X + the greater of Attorney Fees(X, Y)

    Currently there is no incentive NOT to sue. You sue, you lose, more often than not, you are only out Attorney Fees.

    Further, I would remove plaintiffs from collecting "Punitive Damages" as those should go to the State or into a fund to compensate victims of similar crimes/losses, where there is no Plaintiff to be found.

    As the current system is empowered, most people view lawsuits like a rigged lottery.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  3. Question for the lawyers... by msauve · · Score: 4, Interesting

    Is the RIAA now obligated to turn over this information (and presumably make it part of the public record), or do they have the option to refuse disclosure and simply pay the opposing legal bills without contesting the amount any further?

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  4. Re:So? by NewYorkCountryLawyer · · Score: 4, Interesting

    You are so wrong. The last thing in the world the RIAA wants is for an opponent like Marilyn Barringer-Thomson to know (a) how much they pay their lawyers and (b) what the financial arrangement is with the lawyers. I imagine that they will stipulate to the reasonableness of Ms. Foster's fees now, rather than actually disclose the billing records.

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    Ray Beckerman +5 Insightful