Appellate Practice

7th Circuit Judge Blisters Lawyer for 'Grotesque' Damages Argument


Renowned federal appeals court judge Judge Richard Posner clearly wasn’t favorably impressed by a damages case brought by an alleged serial spammer seeking compensation for being put on an anti-spam organization’s blacklist.

Calling the arguments advanced by attorney Joseph Kish and his client, e360, in the 7th U.S. Circuit Court of Appeals case “ridiculous,” among other pejoratives, Posner also pointed out that the amount being sought varied wildly, reports the Law & Disorder blog of Ars Technica.

“I have never seen such an incompetent presentation of a damages case,” Posner said. “It’s not only incompetent, it’s grotesque. You’ve got damages jumping around from $11 million to $130 million to $122 million to $33 million. In fact, the damages are probably zero.”

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