Court Dismisses RIAA Class Action
After the RIAA dropped its file-sharing suit against Oregon single mother Tanya Andersen in June, Andersen responded with a class action lawsuit against the RIAA and several record labels for malicious prosecution. This week, U.S. District Judge Anna J. Brown dismissed Andersen's complaint, finding that she "has not adequately stated claims for relief" -- but the judge gave her 30 days to cure those deficiencies in an amended complaint.
Andersen's lawyer, Lory R. Lybeck of Lybeck Murphy in Seattle, told Ars Technica that he plans to refile and move ahead with the lawsuit, noting that the judge provided specific comments on the complaint's deficiencies during the hearing on the motion to dismiss. But an RIAA spokesperson saw it differently, telling Ars Technica: "The court's decision to dismiss all of the claims in their entirety merely serves to confirm our view that the claims were meritless when they were filed."
As Ars Technica recounts, Andersen's complaint set out "a litany of misdeeds allegedly perpetrated by the record labels in the course of their lawsuit. Those include trying to contact her young daughter at school and her apartment building without Andersen's knowledge or permission. The RIAA was also accused of libel, negligence, and fraud."
But Judge Brown wrote in her order that she "provided the parties with a specific and detailed analysis of each claim and its deficiencies at oral argument."
Posted by Robert J. Ambrogi on February 21, 2008 at 11:54 AM | Permalink
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