Thursday, September 17, 2015

Raanan Katz: "I am Aesthetically Displeasing."

As I've written previously, I love a good fight that consumes precious limited judicial resources, has zero impact on the greater good and establishes no precedential value, as much as the next civil litigator.

I'm pretty sure the 11th Circuit does not feel the same.

We've covered the federal case brought by strip mall guru and Miami Heat groupie wanna-be tongue wagger teeny weenie minority stakeholder Raanan Katz, as he blew beuacoup bucks trying to crush (formerly) financially inferior local blogger Irina Chevaldina. Mr. Katz kept losing and losing and losing again, in court after court after court. He lost in state court. He lost in federal court. Late today the 11th Circuit gave him a little pow-pow, Miami style.

All over this picture.


Ah crap. That's not Raanan Katz.

Here is the picture.


That's not Raanan Katz, either! I can't figure out these electronic computers and the dang interweb.

Anyhoo - on Google images, search "Raanan Katz" and, as set forth in this decision from the 11th Circuit, up pops
[A] photograph of Katz while Katz was standing courtside at a basketball practice in Jerusalem. The Photo is a candid headshot of Katz in which his eyebrows are arched sharply upwards and his tongue is sticking out of his mouth. In Katz’s opinion, the Photo is “ugly,” “embarrassing,” and “compromising.”
And then the greatest velvet glove slap ever written by the 11th:
We make no independent determination as to whether the Photo is unflattering or embarrassing. Construing the evidence in the light most favorable to Katz for the purposes of summary judgment, however, we accept Katz’s own characterizations of the Photo as aesthetically displeasing.
It only gets worse for RK from there, with the Court reprinting much of Ms. Chevaldina's biting commentary that Katz sought to suppress.
For example, in a September 18, 2011 blog post where the Photo was copied in its unaltered, original state, Chevaldina lambasted Katz for allegedly ripping off a “young American Jewish single mother of [a] special needs child,” calling him “the most immoral human-being in the world.” In a September 12, 2012, blog post, Chevaldina criticized Katz’s litigation strategies as frivolous and copied the Photo with a caption across Katz’s chest that says, “HE RIPPED-OFF SPECIAL NEEDS LITTLE JEWISH GIRL.” In a February 19, 2012, post about Katz’s preparation for a deposition, Chevaldina cropped Katz’s face and superimposed it against a cartoon dunce hat.
We were able to find that one!


Be careful what you ask for, you just might get it.

This published opinion, memorialized forever, does more to tag Katz and his reputation, with the tongue-wagging photograph (and then some), then Irina Chevaldina's 25 blog posts ever did. It also does yield precedential value, with a great analysis of "fair use."  Thanks, Mr. Katz!

N.B.: Marc Randazza is a f*%#ing stud. Let's get a Gimlet Gibson, Doctor!

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