NewYorkCountryLawyer's Journal: Counterclaims Upheld in UMG v. Del Cid

A federal judge in Tampa, Florida, has ruled that an RIAA defendant's counterclaim against the record companies for conspiracy to use unlicensed investigators, access private computer records without permission, and commit extortion, may move forward. The Court also sustained claims for violations of the federal Computer Fraud and Abuse Act as well as a claim under Florida law for deceptive and unfair trade practices. The decision (pdf) by Judge Richard A. Lazzara in UMG v. DelCid rejected, in its entirety, the RIAA's assertion of "Noerr Pennington" immunity, since that defense does not apply to "sham litigations", and Ms. Del Cid alleges that the RIAA's cases are "sham".

Noerr Pennington?

[andphi]

Who or what is Noerr Pennington and what kind of immunity is associated with (him|her|it)? I know I could ask Wikipedia, but I'd prefer to ask you. Thanks.

Re:

[NewYorkCountryLawyer]

If you go to defendant's opposition memorandum of law in UMG v. Lindor [blogspot.com], and read the three cases cited at the bottom of page 9, you'll have a good general idea of what it is. A good place to look up federal cases is here at Findlaw.com [findlaw.com].