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

Rachel Rampage Makes Her Jules Jordan Debut

Rachel Rampage has made her debut for Jules Jordan Video alongside Manuel Ferrara.

Zoey Uso, Demi Hawks & Skylar Snow Front Latest From Girlsway

Zoey Uso, Demi Hawks, and Skylar Snow star in the latest Girlsway release, titled “Perky and Perfect.”

Maddie Wren Makes Her Tushy Debut

Maddie Wren has made her debut for Vixen Media Group studio imprint Tushy, alongside reigning and three-time XMAs Male Performer of the Year Vince Karter.

Jade Venus Stars in Latest From Evil Angel

Jade Venus stars with Sage Roux in the latest scene from the Evil Angel series “Transsexual Angel.”

Jewelz Blu Stars in Latest From Family Strokes

Jewelz Blu stars with Aila Donovan and Troy Francisco in the latest release from Family Strokes.

Segpay Expands to Australia, Names Sam O'Connell Managing Director

Segpay has expanded its territory to include Australia and named Sam O’Connell as managing director of its Australian operation.

Ondato Joins ASACP as Corporate Sponsor

Age and identity verification company Ondato has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Octavia Red Stars in 'Octavia Loves Girls' From Elegant Angel

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars in the Claudia Ross-helmed Elegant Angel showcase "Octavia Loves Girls."

Suzanne Holly Makes Her WIFEY Debut

Suzanne Holly has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Dirk and Hollywood Cash.

2026 XBIZ Amsterdam Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Amsterdam, set to take place Sept. 10-13 at Passenger Terminal Amsterdam.

Show More