Spam fighter hit with $11 million judgment

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Federal Rules

Spamhaus's products are marketed, sold and distributed in the U.S. as is evidenced by California-based Barracuda Networks.

Spamhaus appears to be engaging in strategy by not responding to a summons and complaint with the forethought of claiming immunity. Spamhaus could have answered the complaint and denied the court had jurisdiction, presented their evidence and, had their evidence been legitimate, had the case dismissed for jurisdictional purposes. Why didn't they answer? My thought is that they were engaging in strategy or because their defense was weak.

For jurisdictional purposes, it seem clear a federal court can claim jurisdiction as set forth below:

Federal Rules of Civil Procedure Rule 4(k)(1) and (2) state:

(k) Territorial Limits of Effective Service.

(1) Service of a summons or filing a waiver of service is effective to establish jurisdiction over the person of a defendant; and

(2) If the exercise of jurisdiction is consistent with the Constitution and laws of the United States, serving a summons or filing a waiver of service is also effective, with respect to claims arising under federal law, to establish personal jurisdiction over the person of any defendant who is not subject to the jurisdiction of the courts of general jurisdiction of any state.

Posted by: vandaluna   Posted on: 09/16/06 You are currently: a Guest | Members login | Terms of Use

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