E360 vs Spamhaus

[Merlyn]

Looks like the e360 case against Spamhaus has been Vacated

A vacated judgment is the result of the judgment of an appellate court which overturns, reverses, or sets aside the judgment of a lower court.

A trial court also has the power, under certain circumstances (usually involving fraud or lack of jurisdiction over the parties to a case) to vacate its own judgments. Relief from judgment in the United States district courts is governed by Rule 60 of the Federal Rules of Civil Procedure.

A vacated judgment makes the original judgment legally void. A vacated judgment frees the parties to re-litigate the issues subject to the vacated judgment.

Indeed the Seventh Circuit noted that a vacated judgment "place the parties in the position of no trial having taken place at all." United States v. Williams, 904 F.2d 7, 8 (7th Cir. 1990).

Congrats Spamhaus!

Details:

http://www.spamsuite.com/node/279

9th Circuit Opinion

In the

United States Court of Appeals

For the Seventh Circuit

____________

Nos. 06-3779 & 06-4169

e360 INSIGHT, an Illinois

Limited Liability Co., and

DAVID LINHARDT,

Plaintiffs-Appellees,

v.

THE SPAMHAUS PROJECT,

a Company Limited by Guarantee

and Organized Under the Laws

of England also known as

THE SPAMHAUS PROJECT, LIMITED,

Defendant-Appellant.

[rconner]

Looks like the e360 case against Spamhaus has been Vacated

I went to the site and read through the decision trying to figure out who shot who. I'm not a lawyer, which didn't help any.

If I read it correctly, it says that that Spamhaus declined to defend itself at the original trial (presumably because it felt the court lacked jurisdiction in the matter), and therefore had a default judgement entered against it (i.e., you don't show up, you lose). The district court then took the opportunity to add money damages of $11M against Spamhaus, and then to put an injunction on Spamhaus forbidding them from listing E360 as spammers unless they could prove that E360 was violating U.S. law (which, of course, has never been a highly-weighted factor in getting somene listed on ROKSO).

The appeals court here seems to have vacated both the injunction and the money award, leaving the default judgment to stand. I guess that E360 & Spamhaus have to go back to district court now to argue over what award, if any, is forthcoming.

So, I guess this is good news for Spamhaus, but I am not sure what comes next. Is this the point at which Linhardt's attorneys tell him throw in the towel, or does he keep them on the job?

-- rick

[Farelf]

... So, I guess this is good news for Spamhaus, but I am not sure what comes next. Is this the point at which Linhardt's attorneys tell him throw in the towel, ...?

While a buck remains to be made? Well, maybe, there must be principled lawyers, cops who don't eat donuts, all sort of stereotype exceptions. In any event, if your analysis is correct I don't think Spamhaus can afford to leave any avenue unexplored in recovering from the initial disaster.

[Farelf]

Grinding slow but exceedingly fine, the final (?) milling seems to have been made. e360 awarded $3 with costs against it.

This is just totally irresponsible litigation ... You can't just come into a court with a fly-by-night, nothing company and say 'I've lost $130 million.'

http://www.circleid.com/posts/20110902_sev...ainst_spamhaus/

http://arstechnica.com/tech-policy/news/20...-litigation.ars