Omega World Travel v. Mummagraphics, Inc., Civil No. 05-122 (E.D. Va. jury verdict April 27, 2007).
Status: $110,000 award to plaintiff (reduced from $2.5 million on remittitur)

Mark Mumma operates a web site, www.sueaspammer.com, which tracks lawsuits against alleged spammers under the federal CAN SPAM Act (15 U.S.C. §§ 7701 et seq.). In 2005, he listed Omega World Travel, which operates the web site www.cruises.com, as a spammer after he received several unsolicited e-mails from the company, and his initial requests to be removed from the company’s e-mail lists were not honored. The travel company then sued for defamation, copyright infringement, trademark infringement, and unauthorized use of likeness. All but the defamation claim were dismissed. Mumma’s counterclaims against Omega World Travel, alleging violations of the CAN SPAM Act, were also dismissed by the trial court (51 F.Supp.2d 542, 51 F.Supp.2d 544); this ruling was upheld by the 4th Circuit Court of Appeals (469 F.3d 348 (4th Cir. 2006)). The defamation claim went to trial, resulting in a $2.5 million jury verdict ($500,000 compensatory, $2 million punitive). The court reduced this award to $10,000 compensatory damages and $100,000 punitive damages.

Links and Court Documents:
http://www.citmedialaw.org/omega-world-travel-v-mummagraphics
http://www.circleid.com/posts/oklahoma_spammer_fighter_loses/
http://thespamdiaries.blogspot.com/2007/04/mark-mumma-loses-badly.htm

Health Solutions Network v. Baker, Civil No. 07-0369 (E.D. Pa. dismissed June 11, 2007)
Status: Voluntarily dismissed by plaintiff (possible settlement)
On his “Miscellaneous Debris” Blog (Www.Jbaker6953.blogspot.com), defendant Jerry Baker accused online pharmacy RXCart.org of sending spam e-mails, and claimed that it is affiliated with Health Solutions Network. But Health Solutions Network claimed that the e-mails were sent by another party, and that is not affiliated with the company, and has no relation to the RXCart.org site. The plaintiffs voluntarily dismissed the case in June 2007, possibly as part of a settlement.
Links and Court Documents:
http://www.citmedialaw.org/health-solutions-network-v-baker
http://directmag.com/disciplines/email/another_anti-spammer_sued/index.html
Complaint: http://www.courthousenews.com/SpamPharm.pdf

Sierra Corporate Design, Inc. v. Ritz, No. 09-05-C-01660 (N.D. Dist. Ct. June 14, 2005).
Status: Dismissed in part (against one defendant); pending in part (against other defendant).

The plaintiff company, owned by Jerry Reynolds, alleged that defendant David Ritz posted the company’s server information on a website that provides such information to spammers who use it to hide the source of their e-mails. The company also sued Ed Falk alleging that he posted a comment on Usenet linking to the information posted by Ritz. On Oct, 26, 2006, the court dismissed the claims against Falk for lack of personal jurisdiction; on Nov. 22, the court denied plaintiff’s motion for summary judgment against Ritz. The claims against Ritz continue.

Links and Court Documents:
Amended complaint: http://www.rahul.net/falk/Nz/Documents/0209_001.pdf
Many court documents available at http://www.rahul.net/falk/Nz/Documents/

Doe v. Falk, Civil No. 09-05-C-543 (N.D. Dist. Ct. filed Feb. 2005).
Status: Dismissed on jurisdictional grounds (March 9, 2006)

Jerry Reynolds sued Ed Falk, who maintained the “Spam Tracking Page” (www.rahul.net/falk/), which linked to information about alleged “spammers” and ways to fight back. The complaint cited comments on the blog naming Reynolds and his company as spammers. After proceeding through discovery, the trial court dismissed the case on the grounds that it did not have personal jurisdiction over Falk, who lives in California.

Links and Court Documents:
Complaint: http://www.rahul.net/falk/Nz/Documents/0208_001.pdf
Many court documents available at http://www.rahul.net/falk/Nz/lawsuit.html and http://www.rahul.net/falk/Nz/Documents/
Order granting defense motion to dismiss: http://www.rahul.net/falk/Nz/Documents/order_3-9-06.pdf