Dallas Buyers Club, LLC Attorney Tiptoes Dangerously Near Judge Hughes’ Order.

Thank you to attorney Robert Cashman for publishing this update to the Dallas Buyers Club (DBC) cases in Texas.  It looks like Troll Vogt is going to try the name & serve option that served Troll Maureen VanderMay so well in WA.  All it will take is one of the named Defendants to fight back and this Plaintiff is going to be hurting.  Greed makes people and organization do some pretty stupid things. If you are one of the named defendants, I suggest you contact attorney Cashman to discuss your options.  I will also note that in my “Defendant Answer” page, you can find some “Answer” templates (to include Dallas Buyers Club).

DieTrollDie 🙂

About DieTrollDie

I'm one of the many 'John Does' (200,000+ & growing in the US) who Copyright Trolls have threatened with a civil law suit unless they are paid off. What is a Copyright Troll? Check out the Electronic Frontier Foundation link - http://www.eff.org/issues/copyright-trolls
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5 Responses to Dallas Buyers Club, LLC Attorney Tiptoes Dangerously Near Judge Hughes’ Order.

  1. Quiet Lurcker says:

    It absolutely amazes me, that this kind of thing can happen.

    Theoretically, our court system is guided at least in part by the principle of Stare Decisis.
    Also theoretically, the precedent comes from higher courts to lower – appellate decisions guiding and directing circuit decisions, and the Supreme Court guiding and directing both appellate and circuit courts. I get that.

    But, isn’t there also supposed to be at least some weight given to courts on the same ‘rung’ of that ladder – circuit courts watching circuit courts, appellate courts watching appellate courts? Then why, aren’t the defense attorneys in these cases going to the judges and saying, in effect, ‘Hey look, this other court over here decided an identical (as to the facts and complaint) case this way, not the way you are deciding.

    Andy why aren’t the judges paying attention to that kind of thing and taking steps, to begin with?

    I know why the plaintiff attorneys are filing in different courts: for the very reason outlined in the article.

    Why aren’t the judges catching on and taking the right steps and why – most especially why – aren’t the defense attorneys (politely) rubbing the courts’ noses in the situation?

  2. WDS says:

    I know the headline is TorrentLawyer’s and not yours, but I’m trying to figure out how he is dangerously close to the ruling. These cases were filed before the ruling. I would assume that they are against different IP address, so it isn’t “Sues again on these facts”.

    It is frustrating that there doesn’t seem to be any communication going on in the courthouse among the various Judges/Staff.

    • I am replying to both Quiet Lurcker and WDS in this reply. Luckily, I too am a big fan of DTD, so I saw your comment.

      Quiet Lurker: I too have the same frustrations as you do as far as how the federal courts are SUPPOSED to work versus what actually happens. You are correct that court decisions of the same “rung” (e.g., from federal district courts in other states) do have an influence on the ruling of the judge — it is referred to a case being PERSUASIVE. However, the cases from that federal court on the same rung are NOT BINDING on the cases in our federal court. The judge decides whether to consider the out-of-state ruling, or whether to disregard it and rule based on his own understanding of case law from his own federal district. The difficulty arises in cases such as these that the judges simply don’t know what goes on in different districts. They do not read our blogs, and they quite frankly often don’t care in many cases what is happening in the next courtroom, so they certainly don’t care what some federal judge in some other district is doing on the same issue.

      WDS: The reference in the article I wrote before this one was Icarus who flew too close to the sun causing his wings to burn. Dallas Buyers Club, LLC has been filing cases across the U.S., and IMHO, they never met a character such as Judge Hughes (here, the sun). Every act they take moving forward risks that Judge Hughes will CONSOLIDATE all of their cases (which could result in the death of all of their TX cases). Naming defendants — and not one, but NINE was a very risky (and gutsy) move for the plaintiff attorney to make. As of August 13, that small inconsequential case cost them the “luck of the draw” when filing new lawsuits and getting random assignments to the judges. All it takes is for Judge Hughes to consolidate the cases from the other judges in response to Vogt’s naming and serving of defendants, and Dallas Buyers Club cases in TX might end up a memory. Hence, “tiptoe’ing dangerously near Judge Hughes’ order.”

  3. Jane Doe says:

    I received a letter today regarding the copyright infringement of Dallas Buyers Club. However, and I asked a friend who works in IT, the IP address on the letter I received does not match my local or public IP addresses.

    Idk what to do. Ignore it? Or settle with money I don’t have?

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