QUESTION

My internet piracy case was denied sealed filing and published to prevent recovery. Appeal or charge the US with taking property?

Asked on Apr 25th, 2017 on Intellectual Property - California
More details to this question:
My USDC case charges internet copyright pirates, similar to federal cases. Application to File Under Seal and Motion for discovery assistance (to prevent evidence destruction and hiding assets) were twice denied without cause. The judge denied Motion to Recuse, threatens to dismiss, and has now published the case, notifying defendants to destroy evidence and hide assets. The US has colluded with the pirates to prevent recovery. Should I make interlocutory appeal (the case is already unsealed), sue the US for collusion in taking private property, or something else
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1 ANSWER

Business Litigation Attorney serving Oakland, CA
Partner at Bay Oak Law
3 Awards
1. Do not sue the court; it will waste your time and resources. An interlocutory appeal is highly unlikely to succeed, even if your appeal has merit, and I do not see any merit. 2. It is a very rare case that is sealed. It has long been a bedrock principle here in the United States that judicial cases are public. There are exceptions for some criminal cases and national security issues, but those exceptions are rare, and just for the government. 3. To the extent that you want to have a case sealed against the defendant(s), basic constitutional due process forbids that, and there are no exceptions.  4. The judge knows what she or he is doing. Antagonizing the judicial system and accusing it with collusion with pirates is counter-productive, at the very, very least. 5. I'm not sure what you mean when you say that your "USDC case charges internet copyright pirates, similar to federal cases." A USDC case IS a federal case.  You need to have a qualified lawyer review your case to make sure it has merit. If it doesn't, do yourself a favor and dismiss it as soon as you can.
Answered on Apr 26th, 2017 at 9:20 AM

This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.

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