The audio recording reflects that, despite his assertions to the contrary in both the Second Amended Replevin Complaint and the Second Amended Wiretap Complaint, Mr.Peruto never instructed anyone to go "off the record," nor did anyone present state that they had stopped the audio recording. Peruto was given the opportunity to hear the full recording as a part of this litigation, he alleged that it had been edited and did not accurately portray the interaction.Defendants Roc Nation, Amazon Alternative, IPC Television, Josh Miller, Patrick Reardon, Eli Holzman, and Janet Kim are all involved in the production of the documentary.The focus of the series is rapper Robert Rihmeek Williams, better known as Meek Mill.The computer data and digital files Peruto seeks represent intangible property beyond the reach of replevin.A stock certificate is a specialized instrument signifying a particular ownership interest.Plaintiff [cannot establish] a viable claim for replevin by showing [as is required] that (1) the recording constituted a property interest subject to replevin, and (2) he had title and exclusive right to possess the property….
" A conversation ensued—caught on the still-operating lavalier microphone—in which Peruto said critical things about his client and her handling of the Meek Mill case.
The law has expanded only slightly beyond the bounds of tangible property, but the Pennsylvania Superior Court has noted that "[t]he process of expansion has stopped with the kind of intangible rights which are customarily merged in, or identified with some document." In such cases, there is some intrinsic link between the physical item retrieved and the property interest it signifies.
For example, items such as deeds or stock certificates are recoverable in replevin and conversion actions, but other intangible property remains outside the bounds of a replevin claim.
[1.] In common parlance, when someone regrets words spoken in haste, the speaker of such words often follows up by saying: "I take that back." This is a case that tries to give legal force to that expression, as Plaintiff here seeks to replevy the contents of a recorded interview to keep embarrassing statements he made from being included in a film documentary.
Courts have been virtually unanimous in limiting the remedy of replevin to physically tangible property.
It intends to address, at least in part, Meek Mill's experience with the criminal justice system, including his interactions with Judge Genece Brinkley of the Philadelphia County Court of Common Pleas. Peruto sat for an interview related to the #Free Meek documentary series, which is the source of this dispute.