Federal District Judge Amit P. Mehta in Washington, D.C., will soon decide if Mississippi’s Wyatt Emmerich will be a potential St. George about to slay the Google dragon or just a modern Don Quixote hopelessly tilting at Google windmills.
Google, of course, is the colossal technology company that dominates online advertising, search engine technology, and more. Emmerich is the Harvard educated, third generation scion of the Mississippi newspaper publishing family of the same name who abandoned a Wall Street career to take over the family business. Mehta has gained notoriety for presiding over cases related to the January 6th U.S. Capitol attack and the Department of Justice antitrust case in which he ruled “Google is a monopolist” in search and advertising markets. Emmerich Newspapers, Inc. and Helena World Chronicle, LLC, a 100-year-old Helena, AR, newspaper, filed an antitrust lawsuit against Google and its parent company Alphabet in Mehta’s court. Speaking to the North Jackson Rotary Club, Emmerich said the potential class-action civil lawsuit represents $300 billion in prospective claims. “We’re fighting for intellectual property rights and the future of local news,” he said, arguing that it is in Google’s best interest to settle the lawsuit. “Our goal is to institute a system of micro royalty payments.”The court record is fascinating. The newspapers’ complaint claims Google “siphons off billions in traffic from Publishers by extracting, repackaging, and republishing their news content on a royalty-free basis.” Google filed a motion to dismiss arguing primarily that the local newspapers do not have standing to file an antitrust suit: “Each of the counts fails to state a claim for multiple reasons.” The newspapers responded they do have standing and that as a result of Google’s monopolistic actions, “Publishers are being driven from the market in droves, to the detriment of American journalism.”Read the amended complaint and accompanying motions “We are awaiting Judge Mehta's ruling,” Emmerich said. “We feel good about our prospects for surviving the motion to dismiss and then the next big hurdle is class certification. If we are certified as a class, we will represent every news producer in the United States. It will be a mega lawsuit. If we're not certified, we want enough people signed on that we still keep the interest of our attorneys. Our attorneys are rated among the best.” Mississippi lawyer Don Barrett of tobacco settlement fame is one of them. So far, Emmerich says, 84 newspapers in 13 states have signed on. St. George or Don Quixote? Mehta will decide. “So David conquered the Philistine giant with a sling and a stone” – 1 Samuel 17: 50. Crawford is the author of A Republican’s Lament: Mississippi Needs Good Government Conservatives.
26 comments:
This was a very intertesting read. I am going to dig into the pleadings.
Talk about high stakes litigation. I did not know about the Emmerich back story, either.
Mr. Emmerich is the very definition of hypocrisy. For years, he was a vocal advocate for tort reform, arguing to restrict the rights of ordinary people in their claims against insurance companies, physicians, and large corporations. Yet now, with the shoe on the other foot and perceiving himself as the injured party, he has hired one of the lawyers he once publicly vilified to pursue a financial recovery.
I'm more interested and "invested" in the outcome of Wyatt Emmerich's and Kelley Williams' Bigger Pie Forum's fight to make Amazon/AI pay for its own energy, not residential ratepayers. Amazon/ AI should just add the cost of energy to their products.
Wyatt, preach to us some more about "jackpot justice."
Remember when you said this:
"“Look at the jurors. These are disenfranchised people. These are people who’ve been left out of the system, who feel like, ‘Hey, stick it to the Yankee companies. Stick it to the insurance companies. Stick it to the pharmaceutical companies.’ The African Americans feel like it’s payback for disenfranchisement. And the rednecks, shall we say, it’s like, ‘Hey, you know, get back at’ revenge for the Civil War. So there’s a lot of resentment, a lot of class anger, a lot of racial anger. And it’s very easy to weave this racial conflict and this class conflict into a big pot of money for the attorneys.”"
https://washingtonmonthly.com/2004/09/01/false-alarm/
So Wyatt is a Harvard graduate. Big freaking deal. Harvard, home of DEI admissions and 80%+ grades of "A" for coursework, is no longer impressive.
Wyatt could care less about helping the less fortunate people in the metro area,give me the money or give me death,just don't give my classic mustang to anyone who may need a car when I'm gone.
I can’t respect the opinions of people who say “could care less” because it betrays a fundamental deficiency of intelligence.
If any entity from Helena Arkansas is able to take down Google, it's probably time to hop on the Mars colonization train.
What local newspapers write is as much of their property as what a musician plays or sings. Each should be paid for their efforts. Napster stole music and the subscribers of Napster took advantage of it and were equally as guilty. Spotify and other systems like it allow those who deserve payment for their music get it. Google and other internet news sources need to do the same with a similar system.
Macy Hanson - Interesting that you mention 'back story'. I looked twice and don't see a back story. Can you clarify?
Amazon is paying for its own energy and the cost will not be borne by residental, or other commercial or industrial users. Emmerich who is doing nothing but repeating Kelly Williams' b/s, has provided nothing that substantiates their differing claims. The only thing consistant in the (state funded) Bigger Pie/Kelly Williams op--ed pieces is Kelly's dislike of Entergy and the Mississippi Public Service Commission and anything they do that does not promote his interests in natural gas. There is not going to be any 'outcome' from their editorial/opinions other than the final fizzle when folks like you learn that there is no 'there' - there.
@3;12 Bingo. some of the others were idiots
John Emmrich, the late father of Wyatt Emmrich, was a thoughtful and thorough journalist. Wyatt Emmrich has treated almost ever story he tackled with fairness and my complaints against his papers are few and far between. I wish them well and salute their effort.
The short-sightedness in this comment thread is astounding. This case isn't just about Wyatt Emmerich, or even just about newspapers. It's about whether someone big and powerful can take something from you just because they can. When something is stolen from you, again and again, you want something done about it. Only an idiot would deny that.
12:34 pm I know this will be shocking to you but DEI only means the student is accepted into Harvard based on their academic qualifications. They are no longer rejected because of gender, race or religion. There are still those at every institute of higher learning that get in based on their family making generous donations or athletic ability. Being white sadly doesn't make you smart or socially acceptable. Being well educated, well mannered , compassionate and hard working can even if you come from humble beginnings.
The idea of intellectual property theft is a broken concept. You can steal something physical but not an idea or a sound or a smell. And once something has been digitally converted to 1s and 0s you lose total control over it. There is no unbreakable DRM, and no unbreakable copy protection. I will NEVER pay for movies, music, books, applications, EVER! I wouls rather pay for a private filesharing subscription hosted in Russia, than ever pay a cent to Hollywood!
Who are the other lawyers representing the plaintiffs? Those guys usually run in packs.
@9:21 click the link in the article and scroll down to pp. 151-153
7:10, From what little I know about it, I support the merits of the case. I just would like to see Wyatt come back and publicly admit that he was was wrong, and acknowledge the part he played in it.
Otherwise, let him suffer the consequences of the movement he helped to push on the rest of us. He completely denigrated the right to a jury trial for everyone else, and now he's asking for one for himself. He blasted class-actions for everyone else, and now he wants one for himself. He criticized the joinder rules, now he wants a large joinder if he's denied class certification.
You do get where I'm going with this, don't you?
12:11
An honest newspaper publisher is the first cousin of an honest attorney is first cousin to a '56 Crown Vic with 18,500 original miles for sale for $6,400.
9:34, Yeah yeah everybody's a liar, cheater and thief, except you of course.
I admit there is some irony that I supported tort reform in Mississippi in the early 90s and am now the plaintiff in some big federal lawsuits, but I want to point out some facts: First, I wrote on many occasions back then that I support the tort system fundamentaly, but our state system had gotten out of whack and needed reform. My lawsuits are in federal court. The tort system is an important part of our form of governance. As such, it must be designed properly. For instance, the Mississippi limitation on pain and suffering has not been adjusted for inflation in over 30 years. The legislature should address that. And so on. Just becsuse you criticize America doesn't make you anti American.
10:07, Thank you for that. The pendulum swung too far, and I wish the voices that gave it momentum would call for it to somewhat swing back with the same volume and zeal.
Someone should explain to politicians that, under the damage caps, the life of their baby is only worth $1,000,000, or $500,000 if they are killed by a doctor of government employee. Not that they'd care, unless it was their child.
9:34 here. I didn't say that. All I did was suggest none of the three exist. Like it or lump it.
Braindead.
Correctomondo.
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