Anonymous Internet Critics

This blog has covered the defamation lawsuit filed by the Cooley Law School against one if it's more vocal critics; one of the legion of graduates that has trashed the law school in a blog titled "The Thomas M. Cooley Law School Scam".  This post brings our readers up to date with some important recent developments in the case.

Cooley's defamation suit, pending in the Ingham County Circuit Court, was assigned to Circuit Judge Clinton Canady III. Cooley is represented by the Miller Canfield law firm and the anonymous blogger, using the pseudonym "Rockstar05", is represented by Berkeley, MI attorney John Hermann.

For their part, Miller Canfield has been vigorously prosecuting their cause of action, issuing subpoenas in two states [Michigan and California] to the Rockstar05's Internet service provider, seeking to rip the lid off the blogger's identity.

In September and October, hearings were conducted on Rockstar05's motion to quash Cooley's subpoenas.  Somewhere along the way, the internet service provider in California apparently made an inadvertent disclosure of the blogger's identity to the Miller Canfield firm, who immediately moved the court to amend the complaint, seeking to add the now-disclosed individual to the suit.

Judge Canady initially sequestered the pleadings and documents that referenced Rockstar05's identity while it considered supplemental briefings on this First Amendment issue.  In October, however, the lower court denied Rockstar05's motion to quash the subpoena, providing time for defendant to lodge an interlocatory appeal, and allowing an amicus [various media organizations] to intervene in the case.

Rocktar05 has appealed Judge Canady's decision relative to the subpoena.  The media has filed a hard-hitting amicus brief.  Miller Canfield's response on behalf of Cooley Law School is expected to be filed any day now.

This blog predicts that the Michigan Court of Appeals will grant leave for this issue to be decided; apparently one of first impression here in Michigan.

At stake is the ability of vocal critics of a "public figure" to express their opinion anonymously, without the fear of having their mask pulled off, and their identity disclosed.

You'll have to stay tuned for the results on this important case.  It could likely take a few years to wind its way through the court system.

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Cooley Law Alumni Sues Alma Mater in Class Action Suit

A class action law suit was filed against the Cooley Law School this week in the United States District Court for the Western District of Michigan.  In addition to legal counsel from Gotham, attorney Steve Hyder from Monroe, MI, himself a Cooley graduate, is local counsel on the suit.

The 45-page complaint reads like an indictment on the issue of student loans versus available law jobs in this protracted economic downturn.  The complaint alleges that Cooley intentionally uses false statistics (i.e. graduate employment rates and graduates' salaries) to lure and retain prospective law students .

The New York law firm handling the heavy lifting in the suit, Kurzon Strauss, is also suing the New York Law School on nearly identical grounds, but in state court.  Each suit seeks hundreds of millions in tuition refunds from the respective law schools.

Last month, Kurzon Strauss was on the receiving end of a law suit filed by Cooley, alleging defamation.  The firm had been trolling around Craigslist and Facebook soliciting candidates for its class action suit.  Understandably, Cooley wanted to get the drop on the firm and steal the negative publicity thunder such a suit would generate.  Always the publicity gurus over there at Cooley.

Cooley will probably use the same law firm on defense as they do on offense; Miller Canfield.  One way or another, this litigation will siphon-off some of Cooley's rich profits as they continue to tap deeply into the American Dream, lawyer-style.

www.clarkstonlegal.com

info@clarkstonlegal.com