$59,183.39: Caner’s Cost for Frivolous Lawsuits

0

by Jason Smathers on October 15, 2014

USMC-10909Ergun Caner’s lawsuits have been deemed frivolous and he is now liable for $59,183.39 in legal fees. Ending a sixteen month saga, Judge Terry Means has awarded Jason Smathers (this author) $24,379.80 in attorney fees, adding to the $34,262.50 awarded in the companion case against Jonathan Autry and $541.09 in other legal fees awarded by the courts.

In an attempt to suppress criticism, Caner sued Smathers and Autry in June of 2013 for alleged copyright infringement. Both cases included the posting of video footage of Caner lying to the US Marines as part of a cultural training event where Caner purported himself to have been raised in the Middle East in radical Islam. Autry’s case also included several other videos. Caner dramatically lost both cases, in one ruling the court called Caner’s claims “ludicrous” and “outlandish.”

In today’s ruling, Judge Means opined that “a reasonable person who is represented by competent counsel would not pursue such a claim” as Caner made. Means said an award of attorney fees will compensate “for having to defend against an unreasonable claim of copyright infringement and deter others who seek to silence criticism in the public forum by improperly invoking the protections of the Copyright Act.”

Judge Means pointed out that at the time Caner filed his copyright lawsuit, he had not even submitted an application for copyright registration, which is a prerequisite to filing a copyright infringement lawsuit. This conduct suggested to Means that the lawsuit was frivolous and weighed against Caner in the decision to award attorney fees.

In July, Judge Norman Moon awarded Autry his legal expenses with a scathing memorandum opinion that labeled the lawsuit as both frivolous and brought with the improper motive of suppressing legitimate criticism.

Fee award in Caner vs. Autry
Download PDF

Download the PDF file .

Fee award in Caner vs. Smathers
Download PDF

Download the PDF file .

Image by Lance Cpl. Michael Angelo, a U.S. military employee, taken or made as part of their official duties. As a work of the U.S. federal government, the image is in the public domain.

{ 0 comments }

Witnessing to the Jehovah’s Witnesses

0

by Jason Smathers on October 10, 2014

Each year Golden Shores Community Baptist Church hosts an apologetics workshop. The 2014 apologetics workshop covered Jehovah’s Witnesses.

Dr. David D. Edgington was the speaker. Dr. Edgington is the Executive Director of Compassionate Counselors, Inc. in Phoenix, AZ, a biblical counseling and training ministry and is the Professor of Biblical Counseling, Theology and Pastoral Ministry at Trinity Theological Seminary. Dr. Edgington has over 20 years’ experience as Senior Pastor and is currently Preaching Pastor at Christ’s Community Church in El Mirage, AZ. He is the former Executive Director of Defenders of the Gospel in Palatka, FL, a cult outreach ministry to Mormons, Jehovah’s Witnesses and the New Age Movement. Dr. Edgington has a PhD in Theology, M.Div. in Expository Preaching, M.A. in Theology, and a B.S.E. in Mechanical Engineering.

If you were unable to attend, or wish to listen to the lectures again, they are provided here for you.

Download the Workbook

Session 1 (download mp3)

Session 2 (download mp3)

Session 3 (download mp3)

Session 4 (download mp3)

{ 0 comments }

Hobby Lobby Wins

June 30, 2014

US Supreme court says the HHS contraceptive mandate substantially burdens the exercise of religion and that the Religious Freedom Restoration Act applies to companies such as Hobby Lobby. Download the court decision. Image copyright DangApricot, used under creative commons license.

Read the full article →

Indiana Must Permit and Acknowledge Homosexual Marriage, says Federal Court

June 25, 2014

Defining marriage as a union between one man and one woman violates the Fourteenth Amendment’s Due Process Clause and Equal Protection Clause according to today’s ruling from Judge Richard L Young of the U.S. District Court Southern District of Indiana….

Read the full article →

The Bible is Sufficient to Know Heaven is Real

June 10, 2014

Southern Baptists declare afterlife books and movies to be “antithetical to Scripture.” While choosing not to name any book or movie in particular, following the huge success of books and movies like Heaven is For Real, 90 Minutes in Heaven,…

Read the full article →

Ergun Caner Fails Again in Suppressing the Truth

May 14, 2014

Judge calls Ergun Caner’s claims “ludicrous” and “outlandish.” The court has ruled on Ergun Caner’s lawsuit against Jonathan Autry. Ergun Caner had filed a lawsuit against Jason Smathers (this author) and Jonathan Autry for posting video footage of Caner lying…

Read the full article →

Supreme Court: Public Prayer Affirmed

May 5, 2014

“Prayer has become part of the Nation’s heritage and tradition.” The Supreme Court has ruled that prayer at government meetings is constitutional. Their ruling is below. download the decision

Read the full article →

Ergun Caner’s Crusade Against The Truth

May 1, 2014

Jonathan Autry points out the lies of Ergun Caner and his attorney during yesterdays hearing. Ergun Caner’s lawsuit against Jonathan Autry continues to devolve. The lawsuit itself comes after Jonathan Autry exposed the lies of Ergun Caner through a series…

Read the full article →

Caner Labels His Critics “Cyber Terrorists”

April 30, 2014

“Cyber terrorist” is the term Ergun Caner’s attorney used to describe Caner’s critics. The court heard oral arguments today on Autry’s motion to dismiss the lawsuit against him for posting videos that substantiated his criticism. Jonathan Autry, represented by his…

Read the full article →

Heaven is For Real: Fact or Fiction?

April 19, 2014

We know heaven is real, but is the book and movie having that name real? Here are some helpful resources to help you answer this question. The short answer: No. These resources provide the longer answer and will address other…

Read the full article →