On May 13, 2010, a DU user identified by the name "Pampango" posted a portion of an article from the Las Vegas Review-Journal about the polling status of several candidates running in the Republican Senate primary in Nevada.

Righthaven would then file lawsuits or accept an out-of-court settlement, sharing a percentage of the proceeds with Stephens Media.

On August 10, 2010, Righthaven filed a lawsuit against Democratic Underground, LLC and David Allen, alleging that Democratic Underground and David Allen were liable for copyright infringement of works to which Righthaven owns a copyright and seeking injunctive relief and statutory damages.

[3] Democratic Underground sought favorable judgment and attorney's fees, and demanded a jury trial for all triable issues of fact.

[4] On December 7, Democratic Underground requested that the court deny the motion for dismissal and grant summary judgment in DU's favor.

[5][8][9][10] The suit was the first of several major losses for Righthaven on grounds that it lacked standing to sue, and was ordered to pay the attorneys' fees of several of its defendants.