Prenda Law Loses Another Appeal; $63K Judgment Upheld

MINNEAPOLIS — In another stinging defeat, Prenda Law counsel lost an appeal over attorneys fees sought by porn piracy defendants.

The Minnesota Court of Appeals today affirmed a $63,000 judgment against Prenda Law for attorneys fees and costs associated with a piracy case against defendant Spencer Merkel, four John Doe defendants and Qwest Communications Corp.

Today's $63,000 judgment was just the last in a string of court cases that have beset Prenda Law.

Just last week, the 7th U.S. Circuit Court of Appeals affirmed a lower court decision levying contempt sanctions against three Prenda Law attorneys who filed a copyright infringement case on behalf of adult operator Lightspeed Media Corp.

The 7th Circuit affirmed $287,000 in sanctions against Prenda Law counsel, which for several years has been prolific in exacting payments from porn piracy defendants through court-approved subpoenas.

Last year, another federal judge in Los Angeles ordered $81,000 in sanctions against Prenda Law attorneys.

In that case, U.S. District Judge Otis Wright said that the firm's attorneys had "outmaneuvered the legal system" in their porn piracy cases and should not only be sanctioned, but also be held accountable over possible federal racketeering violations and probed over their tax returns, among other disciplinary measures.

"What this case has in common with the previously asserted actions, again as we discuss further herein, are attempts to misuse subpoena power," the Minnesota appellate court said today.

The complaint against Merkel alleged two counts: the first for interception of electronic communications in violation of Minnesota laws and the second for civil conspiracy to violate the same statute.

Today's ruling was punctuated by the court's queries over the actual existence of the adult company, Guava LLC, that owned copyrights to the film at center of the original suit against Merkel.

"It is unclear ... whether Guava even exists," the court said. "Despite repeated inquiries by the district court, the record includes no evidence regarding Guava’s incorporation, the identity of its principals, or the nature of its business operations.

"John Steele, one of several attorneys who appeared on behalf of Guava in the district court proceedings, stated during a hearing that Guava has 'an office in Las Vegas. They’re also based out of I believe they’re in Nevis [in the Caribbean].'

"No corporate representative of Guava ever appeared before the district court."

In the appeal, Prenda Law counsel articulated four arguments for reversing the sanctions award of $63,000. But the court addressed and rejected each in turn.

Prenda Law asserted that the award must be reversed because the lower-court proceedings violated their rights to procedural due process; that there was insufficient evidence to support the district court’s finding of bad faith; that the district court awarded excessive sanctions; and that it was precluded from awarding sanctions after the action had been voluntarily dismissed.

"The district court’s initial determination that Guava demonstrated that the information it sought was relevant and material did not preclude it from later — on being made more fully informed of the facts — finding that appellants were acting in bad faith," the court said.

The appeals court ruling also upheld the lower court decision that enjoined Prenda Law from filing “any future civil action against the John Does or the ISPs without first posting a bond with the court in the amount of $10,000 or such other amount as the court deems appropriate, and without first obtaining a certificate of authority from the Minnesota Secretary of State.”

View today's ruling

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Grooby Launches 30th Anniversary Campaign

Grooby is celebrating its 30th anniversary with a showcase campaign featuring 30 of the studio's newest models.

Jade Greene Fronts Latest From MYLF

Jade Greene stars with Axel Haze in the latest release from MYLF series Mom Drips.

Andi Avalon, Selina Bentz Star in Latest Installment of 'Mommy's Girl'

Andi Avalon and Selina Bentz star in the latest installment of the Girlsway series “Mommy’s Girl,” titled “Mistaken Mouthful.”

West Coast Productions Launches New Series 'Black by Popular Demand'

West Coast Productions has debuted its new gonzo series, "Black by Popular Demand," with a scene starring Scarlett Alexis and Chocolate God.

Elizabeth Skylar, Sky Wonderland Star in Mother's Day Release From Elegant Angel

Elizabeth Skylar and Sky Wonderland star with Parker Ambrose in a Mother's Day-themed release from Elegant Angel series "Holiday Hotwife."

Ricky's Room Signs Angel Youngs, Destiny Mira to 1-Year Deals

Angel Youngs and Destiny Mira have each signed non-exclusive, multi-scene contracts for one year with Ricky's Room.

Island Conference Joins ASACP as Media Sponsor

Island Conference has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Lola Valentine Stars in Latest Installment of 'Out of the Family'

Lola Valentine stars with Leo Malone and Annie King in the latest installment of Adult Time series “Out of the Family,” titled “Never Have I Ever… Banged My Stepsis.”

Lexy Montana Makes Her Immoral Debut

Lexy Montana has made her debut for Immoral Productions, alongside Charlie Dean, Rob Hudson, and studio honcho “Porno Dan” Leal.

Sophia Locke Leads Latest Release From MonsterPorn

Reigning XMAs MILF Performer of the Year Sophia Locke stars with Ava Amira and Lana Smalls in the second installment of the MonsterPorn series "Harsh Punishment."

Show More