Cardinals' La Russa drops suit against Twitter

ByABC News
July 7, 2009, 4:38 PM

ST. LOUIS -- St. Louis Cardinals manager Tony La Russa has quietly dropped his lawsuit against the social networking site Twitter.

A one-paragraph statement filed June 26 with the U.S. District Court in San Francisco said La Russa dropped all claims and San Francisco-based Twitter did not compensate him in exchange. It also said he could not refile the same complaint.

Calls and e-mails to La Russa's attorney, Gregory McCoy, and to Twitter co-founder Biz Stone, were not returned Tuesday. Twitter attorney Rodger Cole said in an e-mail that he was not authorized to discuss the case.

La Russa's lawsuit, originally filed in San Francisco Superior Court in May and transferred to federal court on June 5, alleged trademark infringement, "cybersquatting" and misappropriation of his name. It claimed an unauthorized page that used his name caused emotional distress by making light of his DUI charge and the deaths of two Cardinals pitchers in recent seasons.

La Russa said June 5 that he and Twitter had reached a settlement, with Twitter agreeing to pay legal fees and make a donation to his California-based Animal Rescue Foundation.

But Twitter, in a blog posting, said there was no settlement. Stone later told the Associated Press in an e-mail that Twitter resolved the account impersonation in accordance with its terms of service.

Corynne McSherry, a lawyer who's been following the case for the Electronic Frontier Foundation, said ending the short-lived suit was a "very sensible thing to do." The foundation consists of lawyers and activists protecting fair use and free speech on the Internet.

"The claims were weak at best, simply not allowable ... and would completely lose at the end of the day," she said. "It really should not have been brought in the first place. Wiser heads prevailed."

McSherry said the case was watched closely to see how the law is applied to new companies like Twitter.

The one-paragraph court filing said in part, "La Russa hereby dismisses with prejudice all claims in this action against Twitter Inc., with each party to bear its own costs and attorneys' fees. No payment was made by Twitter to La Russa in exchange for this dismissal."