Copyright Law

Louisiana Judge says no to RIAA's request for default judgment without a hearing

By Ty Rogers and Ray Beckerman

In a Lafayette, Louisiana, case, Warner v. Lewis, the defendant defaulted.

The Judge, however, has refused to rubber stamp the RIAA's request for a default judgment, and has instead ordered the RIAA to prove it is entitled to a judgment, at an evidentiary hearing scheduled for February 14th.

District Judge Tucker L. Melancon denied the RIAA's ex parte, unopposed, motion to cancel the hearing.

[Ed. Note. It is the norm, in tort -- as opposed to contract -- cases, to require such an evidentiary hearing before awarding a judgment. Copyright infringement is a tort. The RIAA, however, has somehow been able to convince most judges to dispense with such a hearing, and to just rubber stamp the RIAA's request for a default judgment based on written papers, thus saving the RIAA thousands of dollars in each default judgment case. Judge Melancon, in declining to follow the RIAA's procedure, is following correct procedure.]

December 14, 2007, Order Setting February 14, 2008, default judgment hearing*
RIAA's January 25, 2008, Ex Parte Motion to Vacate Hearing*
January 28, 2008, Order Denying RIAA Motion*

* Document published online at Internet Law & Regulation

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Full post as published by Recording Industry vs The People on January 31, 2008 (boomark / email).