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Eagle Loses Appeals

By JCausey, Section General Articles
Posted on Sat Dec 15th, 2007 at 11:17:30 EST

As readers are aware, one of the cases that I have been following the past couple years is a case brought by Eagle Broadband against several message board posters. The posters were accused of engaging in a short and distort scheme with their messages on the Yahoo! Finance Message Boards evidence of that attempt.

On December 14, 2007, the California Court of Appeals ruled in favor of two of the defendants. In one appeal, Eagle Broadband was appealing the award of legal fees to one of the defendants as excessive. The defendant had succeeded in his anti-SLAPP attempts and had the claims against him stricken. In that appeal, Eagle lost and has been ordered to pay defendant the amount the trial court had ruled.

In the second appeal, the appellate court analyzed whether the trial court had properly thrown out the claims against Mould and whether the claims against Williams should have also been thrown out. The appellate court affirmed the ruling of the trial court in striking the claims against Mould and reversed the trial court with regard to Williams. In essence, the appellate court (with regard to Williams) said, yes, the posting in question was clearly a parody and the lawsuit should not have been allowed to continue.

There were some related issues related to discovery which the appellate court also ruled on in favor of the defendants.

You can read the opinions here (Eagle Broadband appeal relative to fees award and the Eagle Broadband appeal relative to SLAPP rulings) or access them via the California Courts of Appeal Unpublished Opinions page.

Finally, by way of an update, Eagle is currently in a state of bankruptcy. I just noticed via the Yahoo! finance site that the "E" has been appended to its stock symbol (trades as EAGBE.OB - getting kind of long there). I also visited their web site where they are still representing themselves as selling SatMax and set top boxes even though they have issued press releases indicating they have sold those divisions. Maybe their webmasters went along with those divisions.

Thanks for reading,
Jeff

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