Buckner v. Campbell

DEFENDANT’S OPPOSITION TO MOTION FOR JUDGMENT AS A MATTER OF LAW AND FOR NEW TRIAL

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The Plaintiffs, a model and a photographer, sued Luther Campbell, a rap singer and promoter, for placing a near-nude photograph of the model on the cover of a DVD called Luke's Freakshow Platinum Edition Vol. II. The Plaintiffs claimed that they had a copyright on the photograph and that Mr. Campbell had used it without authority. They had earlier obtained a default judgment against three corporations owned by Mr. Campbell and sought to hold Mr. Campbell personally liable for the amount of the default judgment ($400,000) in this case, brought in the Southern District of Florida. I came into the case with two weeks to go before trial. The Court had issed an order to show cause why Mr. Campbell should be jailed for disobeying discovery orders. I was able to convince the Judge to permit a jury trial. Despite numerous adverse rulings against Mr. Campbell, including the striking of affirmative defenses and the application of res judicata on the default judgments, Mr. Campbell won the jury trial.

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Reference Info:Legal Memoranda: Post-Trial Motions | Federal, 11th Circuit | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Richard E. Brodsky, The Brodsky Law Firm | Attorney Advertising

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