Just months after launching a sweeping lawsuit against a group of spam opponents, the lawyer representing EmarketersAmerica.org has suddenly waved a legal white flag. Attorney Mark Felstein last week filed a "notice of voluntary dismissal" in Florida federal court. The effort appears aimed at withdrawing the e-mail marketer group"s recent lawsuit against a handful of spam blacklist operators, including London-based Spamhaus. The April 14 suit accused the antispammers of libel, invasion of privacy, business interference and other charges, and requested a jury trial.
But rather than welcoming the seeming surrender by EMarketersAmerica.org (EMA), the defendants" attorney Pete Wellborn said the case should go on. According to Wellborn, he wants to send a message to junk e-mailers who launch legal attacks: Don"t start what you can"t finish.
"We still want the court to decide this suit on its merits," Wellborn said on Monday. "This is just a desperate attempt by the plaintiffs to escape a frivolous lawsuit without paying the defendants" legal fees, as justice demands," he said. Wellborn said he will ask the court this week to order EMA to pay defendants $75,000 for legal expenses. Failing that, Wellborn wants the court at least to recognize his clients as the "prevailing parties" in the case. Felstein, whose offices are in Boca Raton, Florida, did not respond to interview requests.