In recent years Strike 3 Holdings, LLC has sued many people in Florida state court, even though most of the defendants live in a different state. This raises the question of why a person would be sued for downloading pornographic content in a state in which the person doesn’t live. 

We were also wondering the same thing. Having represented hundreds of clients over the past several years, we noticed an uptick of cases filed in Florida by Strike 3. 

The Pure Bill of Discovery

It turns out, there is a very specific reason that they are doing that. Strike 3 files action for what’s known as pure bill of discovery. The sole purpose of this is to uncover the identity of possible defendants in a copyright lawsuit. 

This is different from the typical path, where a rights holder may discover an IP address that has infringed, file a lawsuit naming the IP address, serve a subpoena on an internet service provider, and try to obtain a person’s identity that way. Instead, they sue a mass of people, sometimes hundreds at a time, in Florida state court. 

This is a significant cost savings for Strike 3. If it did not file this type of complaint, Strike 3 would have to file an individual lawsuit for each person and incur a separate filing fee each time. Once it has a person’s information, Strike 3 can do some digging to find out if this person has enough assets to be worth suing.

It May be a Mistake to Oppose or File a Motion to Quash the Florida Lawsuit

Some lawyers have steered their clients in the wrong direction. They opposed those lawsuits in Florida, filing motions to quash them. A motion to quash serves to reject a legal document or request, such as one for information about the owner of an IP address, on a legal basis. The most common reason for filing a motion to quash is that the request is illegal or improper. 

However, to file this motion usually requires disclosing the client’s information–and this was Strike 3’s objective to begin with! 

(NOTE: A motion to quash is a useful tool that can be used to defend against copyright infringement or other lawsuits outside of Florida state court and in certain other situations. An experienced attorney can advise when a motion to quash is a good strategy.)

Although many attorneys have made valiant attempts to oppose those lawsuits, whether successful or not, an opposition gives Strike 3 exactly what it wants. Once Strike 3 has someone’s personal information, it can simply go ahead and sue that person in federal court. 

It seems logical that a person who has been sued by Strike 3 in Florida state court might hire a Florida attorney to oppose the lawsuit. But that person can end up hurting themselves financially because, win or lose, they could end up being sued by Strike 3 in federal court anyway. This second suit will require further litigation (and attorney fees). In addition, Strike 3 will have spent more money on legal fees, which will increase the size of the settlement it will likely seek to offset those expenses.

What to Do About the Strike 3 Florida Lawsuit

The best course of action is to head off the lawsuit altogether, before too much money has been spent by Strike 3 or the defendant, and before the identity of the defendant can be discovered. To do that, a person should hire a copyright infringement attorney with experience fighting cases in federal court. The sooner a person negotiates a settlement, the better. Firstly, the person will save on legal fees. Secondly, it saves the plaintiff (Strike 3) legal fees. 

While a person may not care about saving Strike 3 money, it matters. After all, the more money it costs to reach a settlement, the larger the settlement the company will demand. 

Make no mistake: copyright infringement carries serious penalties. A copyright holder can demand up to $150,000 in damages per work. And most of these cases involve multiple works being infringed. 

By addressing the matter quickly with an experienced attorney, a person is likely to be able to settle for far less money.

Frequently Asked Questions

Why is Strike 3 Holdings, LLC suing John Doe defendants in Florida?

Strike 3 is using an aspect of Florida law to create a double-edged sword for those who wish to fight the lawsuit: either continue fighting in Florida state court and likely have one’s information revealed, or file a motion to quash (because he/she doesn’t live in Florida), which will likely require revealing the defendant’s identity anyway. Either way, Strike 3 will be able to now sue the person directly. 

Should I ignore a Strike 3 holding lawsuit filed in Florida?

Never ignore a copyright infringement lawsuit even if it has been filed in a state in which you do not live. Instead, hire an attorney right away. 

What are the penalties for a Strike 3 Holding copyright lawsuit?

While copyright infringement is a criminal offense, the lawsuit is purely seeking monetary compensation, often tens of thousands, if not hundreds of thousands of dollars. 

What kind of settlement can I expect?

The answer to this question will depend on how quickly the lawsuit can be addressed and settled. The more time that goes on, the more expensive it will get, as Strike 3 spends money on attorney and court fees, as well as learns more about the defendant and his/her financial status.

Now is not an easy time to run a business. The pandemic has badly hurt small businesses across America, and many have understandably fallen behind on their debts as a result. Fortunately, Chapter 11 bankruptcy creates a mechanism that businesses can use to restructure and establish a payment plan while they continue to operate.

WHAT IS CHAPTER 11?

Chapter 11 is a bankruptcy proceeding that allows a business to establish a repayment plan for its debts without liquidating its assets and without the owner losing control of the business. Under Chapter 11, the business’s creditors are subject to an automatic stay on collections while the business establishes a repayment plan.

Any business filing for Chapter 11 in New Jersey must pay a filing fee; undergo credit counseling to develop a repayment plan; file a disclosure form listing assets, liabilities, and its business plan; and propose a repayment plan. Once the business has proposed a repayment plan, creditors are allowed to analyze it and propose their own plans.

WHAT ARE THE MAIN DIFFICULTIES IN A CHAPTER 11 BANKRUPTCY?

First, the business’s disclosure statement must be accurate. The disclosure statement must describe the nature of the business as well as include a detailed financial analysis of assets, liabilities, the potential effects of liquidation, and the possibility of repaying debts under a payment plan. A proceeding can be dismissed if the disclosure is inadequate, so it’s important to have an experienced attorney help you prepare it.

Second, the repayment plan must be feasible, proposed in good faith, and be in accordance with the bankruptcy code. Feasibility means the business must be able to make the payments. Good faith means the plan can’t rely on illegal activity. Finally, the plan must pay creditors back fully before equity holders receive anything. The plan must also show that the creditors will receive at least as much as they would if the business were liquidated, and at least one creditor who will receive less than fully owed must approve the plan.

If you’re considering Chapter 11 bankruptcy for your business, contact Rosenblum Law for a free consultation today. Our experienced attorneys can help you decide if Chapter 11 is the best option for you, and if it is, they can make sure the process goes as smoothly as possible, so that you can get your life back on track.

For more information click here: https://rosenblumlaw.com/personal-injury/nj/slip-fall/fall-in-parking-lot/

Reckless driving is driving a motor vehicle in a way that either unreasonably interferes with other people’s use of public roads or unreasonably endangers other drivers. A few factors that typically characterize a reckless driving offense are:

• Multiple traffic violations
• Causing a danger on the road
• Showing disregard for others

New York law punishes reckless driving more harshly than other moving violations. This misdemeanor offense carries serious penalties, like a real risk of jail time, fines and surcharges, points on your license, and possible license suspension.  It is also treated more seriously by judges and prosecutors.

Penalties include:

• Possible jail time (up to 30 days for 1st offense)
• Fines & surcharges
• 5 points on your license
• Possible license suspension

DEFENDING AGAINST A RECKLESS DRIVING CHARGE

Most people charged with reckless driving feel the officer was wrong. And some of them may have a point. The reckless driving offense leaves officers with a lot of discretion to decide what sort of driving they think falls within the offense, and sometimes they are wrong. 

There are two main defenses against a reckless driving charge. One is to claim there are no aggravating factors; that the driver did nothing more than commit a traffic violation. Remember that reckless driving is something more than a simple traffic violation. The prosecution might say something like, “the defendant purposely sped through the intersection, running a red light and barely missing several cars.” The defense will paint a different picture. For example, I might say, “my client misjudged his stopping distance and crossed the intersection just as the light turned red.” The first version sounds reckless. My version sounds like a simple traffic violation.

A second defense is that the driver didn’t endanger anyone else and was driving reasonably under the circumstances. This argument focuses on the letter of the law. You’re saying to the court, my driving didn’t endanger anyone, didn’t interfere with anyone’s use of the road, and wasn’t unreasonable, so how could I have violated the statute?

With the right representation, it’s possible to convince the court that your conduct doesn’t amount to reckless driving. If you’ve been charged with this offense in New York, contact Rosenblum Law for a consultation. Our expert attorneys are skilled at swaying the court and helping drivers avoid the consequences of a reckless driving conviction.

With a stroke of Governor Cuomo’s pen in March twenty-twenty-one, recreational marijuana was legalized in the State of New York. Individuals twenty one years and up can now possess and purchase certain amounts of marijuana without a medical reason. Predictably, the government is balancing access to marijuana with public safety. For this reason, driving under the influence of marijuana is still illegal in New York. In fact, the law has committed resources to developing better technology to detect drugged drivers. Driving while high is not only dangerous, but it can land you in deep trouble both criminally and civilly.

CRIMINALIZATION OF DRIVING WHILE HIGH

In the criminal context, the most obvious way you can get in trouble for driving while high is by being hit with a DWI charge. New York defines two DWI offenses criminalizing driving while high on marijuana. They are driving while your ability is impaired by drugs and driving while your ability is impaired by either multiple drugs or drugs combined with alcohol. If you are convicted of either of these misdemeanor offenses, you face fines, jail time, a suspended license, and a criminal record. Driving while high can also make you eligible for other serious criminal charges. For example, if you drive high, get in an accident, and cause another person’s death, you could be charged with felony vehicular manslaughter. A conviction could send you to jail for up to seven years.

CIVIL CONSEQUENCES OF DRIVING WHILE HIGH

Driving while high can also land you in trouble in civil court. If you get into a car accident, the other driver can sue you civilly for compensation for their injuries. The outcomes of these lawsuits depend on how much each driver was to blame for causing the accident. If it is established in court that you were driving under the influence of marijuana, the court will be much more likely to think you were at fault, since you were driving while impaired.

DEFENDING AGAINST MARIJUANA-RELATED CASE

Besides the risks of getting in trouble, driving under the influence of marijuana is plainly irresponsible. It puts your safety and the safety of others in jeopardy. However, if you do happen to be involved in a criminal or civil case where you are accused of driving while high, you may have a slight advantage. The reality is that we don’t know enough right now about marijuana’s effects on driving.  We also don’t have very accurate ways of measuring marijuana intoxication. This makes it hard for these accusations to consistently hold up in court.

If you are involved in a marijuana-related case or have been injured by a driver who was high and want to take them to court, contact us for a free consultation. At Rosenblum Law, our attorneys have extensive knowledge of how the law thinks about marijuana intoxication, and we demonstrate time and again our ability to get results for our clients.