United States Seventh Circuit

In a suit by an email marketing firm against a spam watchdog group after the watchdog group placed the marketing firm on its spam "blacklist," default judgment for plaintiff is affirmed where: 1) the defendant waived its personal jurisdiction argument by raising the argument initially then withdrawing its answer and accepting default judgment; and 2) defendant waived its lack of notice argument by failing to raise the argument in its Rule 60(b) motion before the district court. The damages and injunctive relief are vacated and the matter remanded, however, where the plaintiff's affidavit alone could not provide the requisite "reasonable certainty" for a damages award without further inquiry, and the court failed to conduct a proper analysis of the appropriateness of injunctive relief and issued an overbroad injunction that raised First Amendment questions.

Appellate Information

• Argued 06/06/2007
• Decided 08/30/2007
• Published 08/30/2007

Judges

• RIPPLE, Circuit Judge., Before RIPPLE, KANNE and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Bartly J. Loethen (argued), Synergy Law Group, Chicago, IL, for Plaintiffs-Appellees., Craig C. Martin (argued), Jenner & Block, Matthew M. Neumeier, Howrey, Simon Arnold & White, Chicago, IL, for Defendant-Appellant.