Kluger v. Randazza, the Appeal!

This just in -- formerly anonymous blogger appeals poorly-conceived order enjoining her from posting "defamatory blogs in the future" that concern a local developer.

You can read the opening brief here.

In other news, Jack Reiter wrote a pretty darn good motion to dismiss the RICO suit against Lewis Tein pending before Judge Cooke.

Here's a taste:

Although the Second Amended Complaint is longer, it suffers from the same defect that warranted this Court’s October 10 Order. Despite listing hundreds of invoices purporting to identify legal services rendered to the Tribe, juxtaposed with a litany of Lewis and Tein’s alleged household purchases, the Second Amended Complaint does not identify a single incident of purported fraud. The allegations do not provide any basis upon which Lewis or Tein can defend themselves. Furthermore, because the Court has already given the Tribe the opportunity to allege their RICO claim with the requisite particularity, there is no basis for giving the Tribe yet another opportunity. Simply stated, if the Tribe had the ability to advance a claim for fraud or RICO, it would have done so. The Court should dismiss this case with prejudice as to Lewis Tein.

Listen, it's very hard to properly plead a RICO claim even when you have fantastic facts and evidence.

Methinks Judge Cooke will give this a close read.