Posts Tagged Pleadings

Louisiana’s Regulation of Internet Speech By Attorneys Declared Unconstitutional

New Orleans, Louisiana (PRWEB) August 4, 2009 – On Monday, federal Judge Martin Feldman declared unconstitutional Louisiana’s new regulations of attorney advertising on the Internet.

Scott Wolfe Jr. and Wolfe Law Group, who practice construction law in New Orleans, Louisiana, challenged the new lawyer advertising regulations as they applied to the Internet. Wolfe argued the regulations failed to consider the differences between television and Internet advertising, and regulated Internet ads without a need.

“Louisiana didn’t have a reason to regulate Internet ads, and they didn’t understand how attorneys actually use the Internet to advertise,” Wolfe said. “As a result, the rules were incompatible with the realities of Internet advertising.”

The United States Louisiana Eastern District Court agreed, stating in its 39-page opinion that “the Internet presents unique issues related to advertising, which the State simply failed to consider in formulating this Rule.”

“This is a very important ruling,” Wolfe adds. “The court not only noted that states must have a reason to regulate Internet speech, but it also recognized that the Internet media is different from broadcast media, and is entitled to unique protection.”

Certain other components of the new Louisiana lawyer advertising regulations were upheld, including restrictions on ads that promise results, portray a judge or jury or contain a celebrity endorsement.

While these regulations were upheld, the court noted that the “same Rules as those developed for television, radio and print ads” could not be simply applied to Internet advertising. Judge Feldman based this on a finding that “Internet advertising differs significantly from advertising in traditional media.”

Wolfe, who advertises exclusively online, argued that if the rules took effect an attorney’s participation in legal blogs and social networking sites would be unreasonably restricted. Further, Wolfe argued that Google ad campaigns could costs thousands in administrative evaluation fees.

Wolfe’s lawsuit was filed in the United States Eastern District Court of Louisiana, docket number 08-4994. Read a copy of Judge Feldman’s order at JDSupra.   The plaintiffs were represented by Ernest Svenson of the Svenson Law Firm, and pro-se by Wolfe Law Group.

For additional information on the news that is the subject of this release, contact Jessica Reiser or visit Wolfe Law Group’s online media center: http://media.wolfelaw.com.

About Wolfe Law Group
Wolfe Law Group is a construction law practice with offices in Seattle, Washington and New Orleans, Louisiana. The firm publishes a blog on Louisiana and Washington construction law titled the Construction Law Montior, and prides itself on thinking different in the legal profession.

Contact
Jessica Hunter,
director of public relations
504-894-9653
http://www.wolfelaw.com

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Supreme Court Delays Ad Rules and Trial Continued

On February 18, 2009, the Louisiana Supreme Court announced that it was postponing the effective date of the new lawyer ad rules from April 1, 2009 until Oct 1, 2009, to “further study certain rules in light of the constitutional challenges that have been raised.”

Thereafter, the defendants in Wolfe Jr. et al v. Louisiana Attorney Disciplinary Board, et al. moved to continue the hearing on the Motion for Summary Judgment set for March 4, 2009, as well as the trial set for March 23, 2009.

Judge Feldman granted the continuance on February 27, 2009, and the hearings and trial will be rescheduled at a later date – likely the scheduled April 7th conference.

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Plaintiff Files Initial Disclosures

On January 2, 2009, the Plaintiff (Wolfe Jr. & Wolfe Law Group) delivered its Rule 26(a)(1) Initial Disclosures to the Defendants in this case.

The Initial Disclosures can be downloaded and/or viewed at the Blog No Evil JD Supra page by clicking here.

Discovery is now on-going, and we’ll be updating the site soon with additional pleadings and updates.

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Likely Trial Date Set for March 23, 2009

Today, the Defendants in this matter filed an unopposed motion to consolidate the Wolfe Jr. v. Louisiana Attorney Disciplinary Board suit with the on-going suit filed by Public Citizen, Inc.

The Consolidation Motion, which will likely be granted, would combine both suits for the purposes of scheduling and discovery. If the consolidation is in fact ordered, the Wolfe Jr. suit would be set for trial on March 23, 2009.

You can view the Consolidation Motion online at the Blog No Evil, Inc. JD Supra profile page.

We added that motion just a few hours ago. This morning, we also added the Scheduling Order applicable to the action post-consolidation, as well as Louisiana Attorney Disciplinary Board’s Rule 26(a) Initial Disclosures.

More to come…

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