Instant Replay: LaRussa Twitter Unsettled?

The lawsuit by St. Louis Manager Tony LaRussa against Twitter, Inc. for trademark infringement and invasion of privacy (that quacks like a defamation claim) [see "TUOL" posts on 6/4/09 & 6/8/09] has made a comeback, something LaRussa's team has yet to do this season.

As reported in "TUOL" yesterday, the lawsuit based on a since-removed false Twitter account in LaRussa's name that sent offensive messages, was purportedly resolved, with the social network company expected to pay the 64-year-old manager's legal fees and make a donation to his animal rescue foundation. Not so fast, according to Twitter, which posted in part the following:

"Mr. LaRussa's lawsuit was an unnecessary waste of judicial resources bordering on frivolous. Twitter's Terms of Service are fair and we believe will be upheld in a court that will ultimately dismiss Mr. LaRussa's lawsuit."

It seems as if counsel for LaRussa violated the Cardinal rule [no pun intended] of experienced litigators, which involves not celebrating the end of a lawsuit until the docket clerk has the Stipulation of Dismissal in the case file and all the parties have signed the Settlement Agreement.

Is the lawsuit, which has enough juicy aspects to excite even the most jaded media lawyer, nearing an end? Apparently that's not the word on the tweet, er, street.