I am representing a SLAPP defendant. The case has gone viral, since the plaintiff is a part-owner of the Miami Heat. The short version is that the Defendant writes about a rich guy. Rich guy sues, and not too many people pick up the story. Rich guy tries to get an injunction against speech. We opposed the case vigorously, including this opposition to the motion for a preliminary injunction.
Plaintiff’s side then filed a copyright infringement suit against my client and Google. (Google!) Rich guy happens to be part owner of the Miami Heat. On the day the Heat celebrated their World Championship, the whole world points at Plaintiff and starts laughing.
Now the Plaintiff wants to sue me. His lawyer really wants a response.
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The Legal Satyricon 
You must be terribly, terribly afraid. I can see you shaking from here!
[…] Marc Randazza, counsel for the blogger Katz is ritually suing, has a jaw-dropping update. He offers a motion he just filed seeking a protective order in the case — a protective order rendered necessary by Katz's threat to sue Randazza and his co-counsel for representing the blogger. I've hosted Marc's motion and its exhibits here so as not to steal his bandwidth. […]
Sue everybody!
[…] part of the Miami Heat is suing a blogger. Chevldina is represented by Marc Randazza. Randazza summed the suit up like this: I am representing a SLAPP defendant. The case has gone viral, since the plaintiff is a part-owner […]
[…] Miller. Other bloggers on the topic: I Have the Conch listen to my words, Mark Randazza’s Bolshy great yarblockos to thee and thine!, Techdirt, BoingBoing; Ranaan Katz and Alan Kluger: “Sue Everybody! Punitive Damages!” […]
Last I checked, the Restatement didn’t have the force of law…
And the asshole doesn’t even have the decency to whip out the pen and sign his own letters. Sheesh.
I thought the same, but after research the tort that they are threatening Marc with is based on case law, which cites the Restatement as authority.
The suit is still ridiculous for other reasons.
Wow, the cover letter on the draft complaint threatening to sue you was unprofessional, as was the subsequent letter. There’s a reasonable chance a communication like this would constitute unprofessional conduct in Australia! Although I cannot appreciate the finer points of US law, nevertheless I can only shake my head in amazement.
I read through the whole thing thinking, “so what facts are they going to allege against the lawyers?” Then I see a bunch of “enabling” and “assisting” and “in concert” conclusory blather and… no facts.
What an embarrassment. Refer him to the reply given in the case of Arkell v. Pressdram.
We note that Mr Arkell’s attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: fuck off.
Awesome. My life is much better now that you have introduced me to that!
I agree, the response in Arkell is probably the better choice than my default. I normally try to find a reasonably polite way to tell people how much sand there is in Florida.