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File-Sharing Judge Blasts 'Truly Chaotic' Defense

By Robert J. Ambrogi

A litigation strategy heavy on histrionics and light on substantive law does not play well in the Boston courtroom of U.S. District Judge Nancy Gertner, it would appear. In an opinion issued yesterday in the music industry's file-sharing lawsuit against Joel Tenenbaum, Gertner blasted the defense presented by Harvard Law Prof. Charles Nesson, describing it as "truly chaotic." We've written a number of times about Nesson's handling of the Tenenbaum case. noting that his courtroom strategy seemed to leave observers scratching their heads, that descriptions of him range from brilliant to insane, and that Gertner chastised him earlier for favoring his teaching over his client. In July, on the eve of the trial that ended with a $675,000 verdict against Tenenbaum, Gertner issued an order rejecting fair use as a defense and promising a more detailed memorandum explaining her decision. The opinion she issued this week is her promised follow-up. But before getting to the substance of the legal issues, she devoted several pages to a discussion of her frustration regarding the defense. "Defense counsel repeatedly missed deadlines, ignored rules, engaged in litigation over conduct that was plainly illegal (namely, the right to tape counsel and the Court without consent),...

Full post as published by Legal Blog Watch on December 08, 2009 (boomark / email).