Although the litigant was unsuccessful in her prior litigation, allowing her to proceed now by asserting facts completely opposite to those she asserted earlier would create the perception that the earlier court was misled.
A litigant who previously had claimed that she was the co-author of a 1978 Julio Iglesias song was estopped from now claiming that she was the sole author, the U.S. Court of Appeals in Atlanta has held in an unpublished decision affirming the dismissal with prejudice of her copyright claim. However, the court declined to award attorney fees to Iglesias, stating that the plaintiff’s decision to proceed in the present case despite losing in the previous litigation was not patently frivolous, even though the court agreed that she intended “to make a mockery of the judicial system” (Korman v. Iglesias, June 20, 2019, per curiam).
Case date: 20 June 2019
Case number: No. 18-13772
Court: United States Court of Appeals, Eleventh Circuit
A full summary of this case has been published on Kluwer IP Law.