The Prior Art Reports that Cisco – Frenkel defamation case settles – No Jury Verdict
Posted by Rose in Art Harris, Art Harris Exclusive, Art Harris Scoop, Bald Truth Exclusive, Charles "Chip" Babcock, Chip Babcock, High Proflie Trials
After four days of testimony, the “Troll Tracker” defamation lawsuit ended in a confidential settlement the day before the East Texas jury hearing it was set to begin deliberations.
Plaintiff Eric Albritton and defendants Cisco Systems Inc. and Richard “Rick” Frenkel, a former Cisco lawyer who blogged anonymously as the Patent Troll Tracker, settled the case, shortly after Judge Richard Schell ruled that the jurors would have to find “actual malice” on the part of Rick Frenkel and Cisco Systems in order for Albritton to win the punitive damages he was seeking.
None of the lawyers involved in the case would comment; Cisco issued a statement Tuesday morning in part saying “[it]has been resolved to their mutual satisfaction, and Rick Frenkel and Cisco apologize for the statements of Rick Frenkel on the Troll Tracker blog regarding Eric M. Albritton.” You might remember it was part of Rick Frenkel’s job at Cisco Systems Inc. to blog as the “Patent Troll Tracker”.
The jury, which had been scheduled to hear closing arguments and begin deliberations Tuesday, was not in court on Monday as Judge Richard Schell, a visiting federal judge from Plano Texas, considered Cisco and Frenkel’s motion for judgment as a matter of law. In that motion, the defendants argued that Albritton didn’t have enough evidence to warrant proceeding to a jury verdict. Judge Schell denied all of the defendants’ arguments, except for one: that the plaintiffs had to prove “actual malice” in order to collect punitive damages.
Judge Schell had ruled earlier during the four-day trial—at which Richard “Rick” Frenkel, Eric Albritton, and T. John “Johnny” Ward Jr. all testified—that Albritton was a private figure, and could therefore win his case by proving that Cisco Systems and Frenkel had been negligent. Earlier rulings barred Eric Albritton from seeking damages to his reputation, leaving him to pursue damages for “mental anguish” and punitive damages against Cisco. On Monday, Judge Schell ruled that while Albritton was indeed a private figure, Frenkel’s blogging was about an issue of public concern (the work of the court clerk’s office), which meant Albritton had to meet the higher standard of “actual malice” in order to qualify for punitive damages.
…On the witness stand, Frenkel apologized for referring to the Eastern District of Texas a “Banana Republic”.
Two other lawsuits involving Cisco Systems, ESN and Johnny Ward remain pending in the Eastern District of Texas federal Court. Ward’s case against Cisco is scheduled to go to trial in early 2010.
For the complete coverage of this case and the two pending cases be sure to read The Prior Art a sister publication of the American Lawyer.
I would guess that Cisco paid for all of the legal fees owed Chip Babcock for representing them and perhaps most legal fees owed by Rick Frenkel. We will left to wonder if Eric Albritton’s legal fees were paid by Cisco or even if he settled for any more than an apology from Cisco and Frenkel.
©Rose Turner
September 24, 2009
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Tags: American Lawyer, Charles "Chip" Babcock, Cisco Systems Inc., Eric Albritton, High Profile Trials, Judge Richard Schell, T. John "Johnny" Ward Jr., The Prior Art, Troll Tracker
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http://www.eonline.com/uberblog/b145841_anna_nicoles_dad_dies_of_lung_cancer.html
Have not been able to verify this independently… seems a lot of family witnesses that might be applicable to the cases are no longer here…
IMO the courts should not seal documents unless it is for rape or a minor child JMO
Rose ~~ I was just getting ready to post that link too. Was he supposed to testify in any of the cases?
Just stepping in the door…
JMA! Did you read the only two comments on that link above?
Beth [4] no I did just read the article, I will go back and read them thanks for the heads up.
Oops s/b “didn’t”
JMA, no he wasn’t suppose to but they did have ‘family members of VA’ listed on the witness lists.
Beth ~~ wow those were some pretty harsh comments. You know in a way I agree with them though, Anna did accuse him of molesting her also didn’t he go to jail for the r*** [don’t want to type out the whole word] of Anna’s Aunt.
Ken [7] oh OK
IMO – NONE of ANS’s family was ever around Anna when she knew these people…
Except cousin Shelly and she does not know HKS in a private setting, just on the Reality show skit.
THEY (ANS’s family) are not credible witnesses. How many Judges does it take in different States or Countries to STATE THIS?
Crazy!
LOL Let them be witnesses, then let Sadow cross-examine them as to THEIR BACKGROUNDS and personal life! ;)
Well, gotta take off again. Take it easy everyone.
Beth [10] I agree none of Anna’s estranged family will/would make credible witnesses. What’s funny is when they did the BIO on Anna’s cousin Melinda talked about all the things Anna bought and gave them.
Shoot should read, when they did the BIO on Anna “her” cousin Melinda
Well,I would love to hear any of Anna’s family say they were kept away by Howard,Anna,SC stint,WHY did they not visit Hiward was in the bahamas,Again,verizon will let a family member through a unlisted no.did not Donna want to come to Anna funeral,and Verige asked a reporter instead.I sure as hell would like to hear what Vergie did in the years before Howard when Anna was drinking and doing drugs,I KNOW PULLING HER BY HER HAIR.What a disgrace Vergie showed at Anna funeral,wanting to be the center of attention.She cannot see her granddaughter because she is a big fat liar,and when you want to be a underhanded SNAKE,DO NOT SAY ONE THING AND YOUR LAWYER ANOTHER.VERGIE WANTS TO GO ON THE PITY POT.
JMA, are you having “spam” withdrawls and it’s causing all the typos?
1 – My condolences to Mr. Hogan’s loved ones.
Just read over the other site,and BOOHOO for Anna’s father. and there upset he did not get to see Dannielynn,Where was a father for Anna for 20 years,why was DADDY not at Anna’s funeral?could it be Vergie wanted reporters,no room for donna or daddy just Rita.This way Vergie got all the attention.IF daddy did not have any money maybe Vergie could have given up a bo tox treatment and gave the money to daddy.Anna died,with her rotten mothers words ,when she went on National tv.who cares if daddyO NEVER SAW HIS GRANDDAUGHTER TO BAD.
Ken [14] I must be
I feel bad that the man has now passed away because I am not heartless. With that said, I cannot blame Larry for not letting him spend time with DL. Larry heard all of Anna stories concerning her childhood and family and I am sure he would be or was concerned about his child spending time with someone he was told molested his child’s mother. See I’m showing my softer side for Larry, well only cause it concerns DL.
Lung cancer is one of the worst ways to go or so I have heard.Now he has to meet whatever maker he will spend eternity with.AJM I thought it was Anna’s Aunt and a friend he molested or whatever he did,I sure would like to know why he wasn’t charged?.I was under the impression he was charged and spent time in prison.Am I wrong on that? Those people who think LB should have let his daughter be anywhere near this man apparently don’t know what a pedophile is and does! would they let their children alone with a pedophile? sicko’s one and all. JMO
Good morning all,For the first time in all the years this case has been going on,I woke up this morning as PO as I can get.So I must have been thinking about it.Now it may sound heartless but,I wonder if Howard still feels it was worth all his love and attention,all his family:s heartache,to have loved a drug addicted self centered woman.and make no mistake,Anna was a drug addict when he met herAnna and her family,mother mostly, have caused so much heartache,ripping lifes apart,not thinking of anyone needs but there own.My heart aches for Anna and the treatment she got as a child,BUT ,there are other lifes,that should not be destroyed over one mother,and her attorney”s GREED.I feel I have had it up to my ears,with” Howard supplied Anna with drugs”,DR E supplied (her friend and herself) with drugs,When Vergie said Larry was just a sperm donor,how well she knew her daughter,because they are one in the same,USER OF MEN,TO GET WHAT THEY WANT.Jerry Brown should have used his brains,which looks like he has none,and NO WAY BE GIVEN A GOVERNER POSITION.He was so busy trying to get Howard,out of the way for Don Clark and the OQ Law Firm,not doing justice,while he sat in his office for years.I think it was Ken that opened my eyes,asking about (saint) Howard,well,I have now said,I AM SICK OF FEELING SORRY FOR ANNA,It is time to face facts,Anna was using Howard,like she used Larry,it is time to go after the real pusher DR E,AND NO ONE ELSE.
PS—What you have is a mother daughter battle,with everyone one else dragged in.
hmm [19] it was Anna’s Aunt and her friend that he was sent to jail for r***ing. Anna said he molested her and so did her half-sister Donna Hogan.
22 – All of which reasonably explains why any father would be reluctant to allow visitation.
DesertWalker [23] I totally agree.
Hey all I am feeling very anxious this morning, my daughter has my grandson at the doctors this morning due to fever and sore throat they did a throat culture and a flu swab on him and we are waiting for the results. Hoping if anything, it is a throat infection but if it turns out to be the flu we will have to have my two granddaughters checked due to they all are always together. Just yesterday on the news they reported a 13 year old is in hospital on life support, she has the H1N1 virus.
OK should have waited before posting my last post just got results and it is strep throat, thank goodness.
Charles Manson follower Susan Atkins dies
By LINDA DEUTSCH, AP
2 hours ago
LOS ANGELES — Susan Atkins, a follower of cult leader Charles Manson whose remorseless witness stand confession to killing pregnant actress Sharon Tate in 1969 shocked the world, has died. She was 61 and had been suffering from brain cancer.
http://www.comcast.net/articles/news-national/20090925/US.Obit.Manson.Follower/
JMA—-I am so happy it was not the hini flu.because even if I did not go to the doctors,I am positive that is what I had,and I would not like to see a child go through it,I felt so cold,I had the shakes,turned the heat up to 88 degrees and still felt cold, sick to my stomach and,in the bathroom most of the day.dizzy temp 102.All over it,but if a childs gets it,it would break your heart.
26-JMA — Wonderful news! How life has changed. We’re now happy when our children/grandkids have strep. LOL
27 – May Sharon Tate now be able to confront her murderer. My condolences to Ms. Atkin’s loved ones.
Beverly [28] & DesertWalker [29] yes isn’t something how we are happy when it turns out to be something like strep throat. You can never be too cautious these days especially with your children/grandchildren. My daughter is getting payback though for the many times it took me and several nurses to hold her down just for a simple throat culture, it took her and 3 nurses to hold my grandson down
DesertWalker [30] my exact thought when I read that she had passed. With that said, I would like to extend my condolences to the Atkin’s family.
28 — Gosh that sounds awful, Beverly. So glad you’re recovered now. Take it easy till you get your strength back.
31 — And I thought we were the only ones who had to wrestle our daughter during a throat culture. You made my day, JMA!
Read this over at TMZ this morning:
1780. Has anyone plowed through the entire 111 pages of leaked search warrant affidavits from way back in 2007?
We see a group of people with minimal education (especially compared to a Physician) with ‘certifications’ from Law Enforcement this and that along the way who state they ‘know’ how druggies act. We see an Academic Physician serving as an advisor who quotes the PDR (as if it was a medical textbook rather than a collection of manufacturers’ product inserts) and firmly believes Physicians only know what their Specialty labels suggest they know (as if Doctors of any Specialty didn’t all go to the same Medical Schools). There is no clinical discussion of tolerance during routine opiate treatment, no discussion of the usual and customary changing from one opiate to another during chronic therapy or for that matter, the concept of acute versus chronic.
The perceptions and conclusions seem to make compelling cases, if at all true, against Drs. K & E, two+ years ago, but the Medical Board never acted. The now published materials freely trash several private people who were patients of Dr. K; no effort to use just initials (standard procedure) or redaction. This is dangerous stuff; the CA government appointing Joe-six-packs to rummage through the records of Practitioners the government deigns to be ‘inadequate’ because they see patients deigned to be ‘drug seekers’ or ‘druggies’ or have treatment not comporting to the PDR; who will be targeted next and have their private information released to the media.
So, the CA government has released docs that purport to show dangerous Physicians practicing in 2007 but no action was taken to restrict those Physicians’ Licenses then or to the present. Apparently the ‘conclusions’ of the search warrant affidavits were wrong. Inadequate reporters pick out sex stuff and the brief mention of HKS in 111 pages (and skipping over G. Ben’s mention I note) as if the obvious questions don’t need to be asked.
How did two years go by and suddenly HKS gets drawn into the allegations of crimes/ethical lapses of two Physicians? We recall goofy JB stumbling and bumbling for the cameras right after HKS kicked action into ANS’s Estate collecting the fortune owed to it from E. Pierce Marshall to announce charges based on no known CA law. JB may still be clinging to some odd notion that he could still be elected Governor after wasting millions of a bankrupt State’s dollars chasing innocent people who happen to be associated with a ‘celebrity’ accidental and tragic death; think of the cost of all those ‘Special Masters’ alone.
So JB announces an online access to his ‘CURES’ database. Now he expects that he can interfere with citizens’ Doctor-Patient relationships faster than before; you might have side-effects from one prescription, get a new medication the next day, and have your door broken down the day after by armed government agents.
Posted at 4:20AM on Sep 25th 2009 by Only swim in the Ocean
31
Haha
That reminds me of the time that my son had to have stitches in his chin. He was about 3 or 4 and they put him one of those papouse (sp) things and he busted out of it. So they put him back in it and a big nurse came in and layed over him and he again busted out of it and kicked the nurse in the stomach. They finally won the fight by putting him back in it, wrapping a sheet around him several times and the nurse laying back across him and then giving him a mild sedative. I have never seen such amazing strength in a child in my life. I wouldn’t help them because I’m mommy. I’m the one who saves him and it broke my heart to see all that. I had to leave the room and they thought I may need a sedative. LOL
DesertWalker [33] thanks for sharing Swims view/post I have to admit I skimmed through the 111 page’s.
OMG, my daughter was so bad when I took her to the doctors I dreaded just the routine check-ups. I used to tell her I hoped she had 10 just like her but later changed it to just 1
One time when she was just over a year old in the middle of the night I had to rush her to the emergency room for a very high fever, she was so horrible the doctor waited until she fell asleep before he would come in an examine her. Ha-Ha, I remind her of that one all the time especially whenever she says how bad; it was taking my grandson to the doctors.
I tell my son that all the time. We are going through the “I’m 16 therefore I’m an adult and can do whatever I want to whenever I want to.” stage right now.
Roxanne [36] come back with the “well as long as you live under my roof you live by my rules” I used that and you know apparently it never bothered them cause they lived with me after they became of age and that very rule still applied. My baby just moved out in June not cause of the rules though
Hey did you all see this, I think it is great.
http://www.angelfire.com/teamtexas-virgie/MotReconsiderDenied.pdf
Can someone tell me,was Jerry Brown in office when this little tibbit came out about the doctors”dangerous Physicians practicing in 2007”It seems to me,Mr Brown slipped up in a lot of places,like,Neverland,When you find the amount of drugs they have reported to have found,WHY? WAS NOTHING DONE,It appears to me Jerry Brown caught Vergie-nitis, ,the do nothing about a problem,than blame someone else.
September 17, 2009 Teresa Stephens Writ of Mandamus filed with the First Court of Appeals in Texas in connection to her Writ of Attachment and contempt of court.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2438
September 17, 2009 Teresa Stephens Exhibits filed with the Writ of Mandamus filed with the First Court of Appeals in Texas in connection to her Writ of Attachment and contempt of court.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2439
September 23, 2009 Teresa Stephens Motion for More Time to file Response Writ of Attachment and Contempt of Court filed with the 280th District Court of Harris County in Houston Texas.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2440
September 23, 2009 Teresa Stephens Notice of Submission Docket for October 5, 2009 for her Motion for More Time to file Response Writ of Attachment and Contempt of Court filed with the 280th District Court of Harris County in Houston Texas.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2441
September 25, 2009 CBS Studios Inc. Original Answer to Plaintiff Virgie Arthur’s Fourth Amended Original Complaint, Perhaps now the “Turner committed collusion with Plaintiff” can be replaced with Turner committed collusion with Plaintiff and CBS committed collusion with Art Harris an existing defendant whom they would not touch until they needed him”
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2442
JMA 37, what is it?
Thanks JMA seems like a win for Howard and his team at least as far as NY is concerned.Why has nothing been said about RC attempt to bribe the nannies? Anyone else would have been jailed and have to post bail.
IMO we don’t need to be put in a national or state data base concerning drugs.My pharmacy takes care of that I am not allowed to even get my prescriptions one day early.It’s bad enough that the insurance industry has all that info and I am sure they share.I know there have been times when I had a new prescription before the old ran out because the old did not work..So in JB data base I would have two drugs for the same thing even though one did not work and was stopped LOL
JMA glad your grandson is ok I have been trying to keep away from everyone because I am one of the people considered at risk.
Saying that they have to have better people then Meg Whitman and J Brown to run for governor of California.From what I hear California is in dire straights but from what I have heard at least Arnie gave up his governors pay to help the state.I can’t see either one of those two that are said to be in the running will do the same.Maybe someone should look into why Meg W was let go of her last job.
September 25, 2009 the Honorable Denny Chin’s Order and Memorandum of Law Denying Cosby’s Motion to Reconsider and sets the trial date for November 30, 2009.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2443
The hearing on Nov 30 is my daughters birthday Hope it is a lucky day. Wouldn’t Teresa’s motions and Babcocks motions help you all in the end as long as they are read?Teresa sure seems to know what she is doing or has a lot of help.>IMO she stated just exactly what was going on in the 280th court room with McShame and Lindsey
hmm [42] thanks I am glad he is fine to yes it is strep which is bad in its self but I would rather him have that then the H1N1 virus. You just can’t take things to lightly anymore especially when it comes to children or those with chronic health problems. I will be so glad when they get the vaccine here for that virus. The children are all scheduled for their yearly flu shots but the one for the H1N1 virus is not available to them yet. If you are at risk then you are doing the right thing your health is more important.
Hey Ken #40 :P
First,thank you Rose for the court doc,and now I want to say a few choice words to someone over at the other site,I almost lost my dinner when i read,how poor Vergie has suffered,(pity pot again) I would love free trips to the bahamas,plane rides food, parties makeovers,PLEASE SOMEONE LET ME SUFFER LIKE THAT.Big smiles to and from the Inquest of Daniel,selling his Memorial Service,can you believe how she suffered.O THE PAIN OF IT. Then came ,no one stood up to Anna,DOES THAT INCLUDE VERGIE,who never did one damn thing to help her daughter,do not start that BS OF 10 YEARS,Anna ,I will NEVER stop saying this, was a DRUG ADDICT BEFORE HOWARD,and by the way,you can all try and make it to Rita trial,I love Judge Chin.and why do you skip mentioning Dr E The supplier and drug user,NOT HOWARD .
hmm [44] new Judge could mean good things ahead even the simple things like papers being read ;-)
Ok folks new article up covering the new papers in the criminal trial in California, the newest Texas filings including CBS’ answer, and the New York decision today…. so lots to read and I hope for interesting discussion…