Foster Demands RIAA Post $210K Security For Fees

NewYorkCountryLawyer writes "A few days ago it was reported that, in view of the RIAA's one-month delay in paying the $68,685.00 attorneys fee award in Capitol v. Foster, and its lawyers' failure to respond to Ms. Foster's lawyer's email, Ms. Foster filed a motion for entry of judgment so that she could go ahead with judgment enforcement proceedings. In response to that motion the RIAA submitted a statement that it had no objection to entry of judgment, and intimated that it thought there would be an automatic stay on enforcement of the judgment, and that it would ultimately file an appeal. After seeing that, Ms. Foster's lawyer has filed a motion for the Court to require the RIAA to post $210,000 in security to cover the past and future attorneys' fees and costs that are expected to be incurred."

Comments

Re:Within a reasonable amount of time probably

[NewYorkCountryLawyer]

Given that they are fairly stupid in these matters it wouldn't surprise me if they really do try and appeal it, mostly as a delay tactic. It also wouldn't surprise me if the net result is the judgement is upheld, and she gets more money (for the fees incurred during the appeal). Not only wouldn't it surprise me, it seems that that outcome is inevitable. The judge was brutal in cutting down Ms. Foster's fee award. I wouldn't be surprised if the cross-appeal Ms. Foster files wound up increasing the amount of the old award, and no doubt there will be another $100k or so in attorneys fees and disbursements on the appeal.

Re:New train of thought

[NewYorkCountryLawyer]

I'm not familiar with the dates/timeline here, but in most if not all jurisdictions -- and definitely in federal court -- you have only 30 days from the entry of an order or judgment to file a notice of appeal (Fed. R. App. P. 4(a)). The order [ilrweb.com] was apparently filed on July 16. Today is August 16, which is the 31st day. BUT Foster is just now asking the court to enter judgment for this amount, which means that Capitol will probably have 30 days from the day that judgment is entered. Issue isn't time to appeal. It's time to avoid paying the judgment. Appeal doesn't stay obligation to pay the judgment. For that you have to post security.

Re:Law School 101

[NewYorkCountryLawyer]

There is a law against frivolous appeals, and an appeal from this judgment would be frivolous. If anyone has grounds to appeal it would be Ms. Foster, who was awarded only $68,685 even though the attorneys fees and sdisbursements were around $114,000.

Re:Law School 101

[NewYorkCountryLawyer]

Yes, the higher up they lose, the better the precedent will be for us. For all the other RIAA victims, the best possible scenario would be for this to go up to the Supreme Court.