Judge to consider dropping Levitt v. Felton lawsuit

Isabella County Trial Court Judge Paul Chamberlain told attorneys representing Mount Pleasant Attorney Todd Levitt and Central Michigan University senior Zachary Felton he would consider a motion to dismiss the case after hearing arguments Feb. 6.

The lawsuit will resume once Chamberlain has made a decision on the case. A final pre-trial conference is scheduled for March 6.

Felton's defense attorneys Gordon Bloem and Jon Schrotenboer argued Levitt could not prove Felton attempted to mislead the public into thinking he was Levitt on his Todd Levitt 2.0 Twitter account.

Levitt's accusation against Felton is that his parody account created unfair competition for the Mount Pleasant lawyer.

Schrotenboer said anyone who saw the Twitter account knew it was not owned by Levitt. He also said Felton published numerous tweets explaining the account was not Levitt.

"Impression is the epitome of parody," Schrotenboer said. "Anyone who watches Saturday Night Live knows that. (Felton's account) was no different than Tina Fey impersonating Sarah Palin saying she could see Russia from her backyard."

Felton's defense argued Levitt's status as a limited public figure makes him a legal target for parody. Levitt's brand as a "Badass College Lawyer" and his marketing to CMU students were both examples of Levitt acting as a public figure, Schrotenboer said. He added Levitt's self-created "Top College Lawyer" award and website to the list of examples.

Levitt admitted in case files that he created the website himself. These examples, Schrotenboer argued, are clear representations of Levitt's status as a well-known person in Mount Pleasant.

Ghazey Aleck, Levitt's attorney, maintained the position that Felton created unfair competition with Levitt. He also argued the case as a situation of stolen identity.

"(Felton) held himself out to be Todd Levitt," Aleck said. "This wasn't an actor portraying Todd Levitt. It wasn't a caricature or (an intentional mispelling like) Tom Levine. Todd Levitt 2.0 used his name, pictures and logos. There is no constitutional right in this country for someone to steal someone's identity."

As the hearing was dismissed, Felton declined comment to Central Michigan Life about his chances of having the lawsuit dropped.

Schrotenboer, a Grand Rapids attorney who was added to the defense team in September, said it was hard to tell which way Chamberlain would lean.

Typically, a judge will ask questions after hearing arguments from both sides. The nature of those questions can often give an indication on how he or she will decide. Chamberlain directed no questions to either party.

Schrotenboer hopes Chamberlain will drop the case. If not, he said the defense "welcomes a trial."