Copyright Law

RIAA tries to postpone appeal seeking attorneys fees against them in Lava Records v. Amurao

By Ty Rogers and Ray Beckerman

The RIAA lawyers are seeking an adjournment of the appellate argument scheduled to be conducted on May 19th at 2:00 PM in Manhattan in Lava Records v. Amurao, an appeal regarding an innocent defendant's right to attorneys fees.

The reason given for the request is that Timothy Reynolds has a trial scheduled to start May 18th in another case.

The papers (a) do not mention which case is scheduled for trial on May 18th, (b) do not say that Timothy Reynolds will be arguing the appeal, and (c) cite no legal authority for their position that a lower court trial is grounds for adjourning an appellate court argument.

According to Reynolds's papers, Mr. Amurao opposes the adjournment.

RIAA Application for adjournment of appellate argument
Timothy Reynolds declaration

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Full post as published by Recording Industry vs The People on April 15, 2009 (boomark / email).