Two years ago, he wrote about the case called Rakofsky v. Internet. The details are too many to go, so I suggest reading this message, but the brief summary that Joseph Rakofsky, a recent graduate of Touro Law School, somehow entered a defense if a person charged with murder. The case was not going well, with the judge ordering the defendant several times if he was happy with the representation of Rakofsky. After an alleged "communication failure", the accused left the judge no longer felt comfortable with Rakofsky - and the judge declared a mistrial. As part of this, the judge also stated his belief that Rakofsky was not qualified to be in the position I was in:

I was surprised that someone wants to represent a person in a case of involuntary homicide case that had never tried before and a local lawyer Mr. Grigsby was complicit in this.

appeared in court he had. . . theories of defense there, but [Rakofsky had]

breach of these theories. It was clear to the Court that there was ... not a good understanding of the legal principles and legal procedure of what was allowed and what was not acceptable

they did, I believe, to the detriment of Mr. Deaner. "

Another concern is that the investigator hired by Rakofsky in the case revealed to the court an email Rakofsky Rakofsky in which he said:

I) Please tip Leigh (old) to admit

a), the two lawyers said he had seen the shootout

b), two lawyers said the government has not provided information about [the] growth.

later Rakofsky refused to approve a bond for the payment of the researcher, leading the researcher to ask the court that he was "finished, without compensation .. . based on his refusal to follow a request by email to Mr. Rakofsky ... requiring him to try to "trick" a witness to change his testimony. "

After this, Rakofsky, curiously, seemed

celebrate

sentence in a post on his Facebook account, suggesting that he was happy with the results. This publication led to more mockery in online environments.

Again, this has been widely reported, even here on Techdirt. However, we reported mainly in the fact that after many people talking about it and mocks Rakofsky (with some questioning the claims on their website), Rakofsky seemed continue almost all those who have written about and the case - that a group of bloggers, but the Washington Post (who made the initial report) and the American Bar Association (not kidding) whose blog has written about the history too.

At that time, we said that the story would be very interesting to follow. That was two years ago. Six months later, Rakofsky filed an amended complaint that incredibly long, among other things, we tried to add to the application, with a large number of complaints (including some who were not). Of course, once again, referring to the level of experience of the Rakofsky competition and the judicial system, the motion to file amended complaint which had subsequently be removed because it was presented as a stay unless you instead of this presentation. It took a while, but eventually advanced cases - and have not yet been officially added to the application, which I certainly hope it continues, because we continued to report events objectively, while providing statements of opinion, is generally not going to end well. And indeed, to this day, the Rakofsky case is wrong.

In a decision released Friday, the Supreme Court of the State of New York, shot basically every single Rakofsky claims and granted the motions to dismiss several defendants. The court details carefully the facts and then explain why they granted the motions to dismiss. The court rejected the request Rakofsky file a second amended according to the failure to file a claim complaint:

granting motion to amend the applicants would be useless because the allegations contained in the proposed second amended complaint

not sufficient to establish a cause of Action

, as will be seen later defendants' motions to dismiss. fire.

First, the court rejected the argument of competence. Not surprisingly, bloggers NY court emphasized that the State of New York had no jurisdiction over them, and the Court is not persuaded by several Rakofsky arguments to the contrary:



is quite clear that the defendants "in this document that work legal blogs and comments posted" on blogs that reside outside the country, in Canada, or even in the United States from Washington, DC and Florida to eastern Texas and California in the west, had virtually no useful activity or minimum contacts with that state. certainly was not helpful in this state activities that were primarily related to alleged statements s' defamatory as defendants did not write the allegedly defamatory statements in this state, nor towards our single state. statements were published on the Internet with potential access worldwide.


The Court rejected plaintiffs' The main argument against the defendants were "commercial benefits" of hyper-links to their websites to invoke the jurisdiction of long arms. This connection to New York if necessary, is too weak to exercise personal jurisdiction over the defendants outside the state. made clear, there are sufficient contacts with this state of "hale" in court several defendants who live thousands of miles away in other states to "relax" their right to free expression. While the exact words are not exactly identical, they are similar enough to transmit a report Rakofsky reasonable email and beans movement were inextricably linked to the litigation before the judge in the case Deaner Jackson. Although the "trick" email, Bean movement and Justice Jackson's comments do not represent Rakofsky in a positive light, and Rakofsky could ignore or interpret differently
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