Tuesday, March 21, 2006

Judge Denies Guardian Ad Litem Motion in Priority v. Brittany Chan; RIAA Argues Brittany and Her Parents Should Have to Pay Guardian's Fees

In Priority Records v. Brittany Chan, the Michigan case against 14-year old girl, the Judge has denied the RIAA's request for a guardian ad litem.

The Court held that it was necessary to appoint an independent guardian ad litem to defend the minor defendant, but rejected the procedure suggested by plaintiff, both on the ground that it would not serve the interests of the child or the interests of justice, and did not provide for a method to ensure that the guardian ad litem gets paid for his or her services. The court ordered the RIAA to submit a functional proposal.

The court's denial of plaintiff's motion was "without prejudice" (meaning plaintiff could make a new motion if it so chooses).

Order denying appointment of guardian ad litem*

Subsequently, the RIAA submitted a response to the Judge's order, arguing that Brittany Chan herself, and/or her parents, should have to pay the guardian ad litem's fees.

RIAA Response to Judge's Order*

* Document available online at Internet Law & Regulation

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