Pearson Education, Inc. v. Almgren, 685 F.3d 691 (8th Cir. July 13,
2012). MBA student finds “solution” books
to his textbooks on the internet. After
using them, has the bright idea of posing as a professor to obtain more
solutions books from Plaintiff publisher.
Obtains the books and sells them on a website earning $5,000. Publisher, without sending cease and desist
letter, sues in New York and engages in scorched earth litigation. MBA student declares bankruptcy. Publisher files proof of claim. Publisher then seeks jury trial on statutory
damages and attorneys fees. Court awards
minimum statutory damages and denies attorneys fees. Statutory damages are declared
nondischargeable in bankruptcy. As a
matter of first impression: because bankruptcy is a court of equity, Publisher
waived right to a jury trial by filing a proof of claim. Denial of attorneys fees in toto affirmed. Publisher
could probably have stopped the activity with a cease and desist letter. Publisher’s “spare no expenses” litigation
tactics unreasonable.
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