Music industry backs down in face of malicious prosecution lawsuit

 

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By Simon Aughton

Posted on 29 Mar 2007 at 14:41

The RIAA has withdrawn a lawsuit against two alleged file sharers after being accused of malicious prosecution by their attorney.

Barry and Cathy Merchant's lawyer, California attorney Merl Ledford III, accused the RIAA (Recording Industry Association of America) of causing emotional distress to the couple, and of violating legal rules.

'The lawsuit filed by your office and your letter arrive at a particularly inappropriate time in Barry and Cathy Merchant's life. Mrs Merchant left my office after our first meeting to attend to her ill father in Colorado. She and Barry Merchant left my office today to attend his funeral,' Ledford wrote in a letter to the RIAA's attorney, Thomas McCarten Kerr. 'The emotional distress inflicted by your clients' litigation - filed in Sacramento rather than the Fresno Branch of the Eastern District Court where my clients' live in violation of the Rules of Court - has been extreme.'

According to the Recording Industry vs The People website, the RIAA 'immediately' acceded to Ledford's demand that it withdrew the action.

Ledford's missive is now being touted by the website as the Model Letter for Lawyers Representing Defendants in RIAA Cases.