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Cyberlaw v. Thelaw.net, 2009 CA 003615 B (D.C. Sup. Ct.) (Verdict Form)

Cyberlaw v. Thelaw.net, 2009 CA 003615 B (D.C. Sup. Ct.) (Verdict Form)

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Jury rejects law firm's claims that service provider's unsolicited emails violate D.C.'s anti-spam statute based on the argument that the subject lines were misleading.
Jury rejects law firm's claims that service provider's unsolicited emails violate D.C.'s anti-spam statute based on the argument that the subject lines were misleading.

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Published by: Venkat Balasubramani on Apr 28, 2011
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04/28/2011

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IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Civil Division CYBERLAW P.C. v. THELAW.NET CORP.

and MARK WHITNEY ) ) ) ) ) ) )

Civil Action No. 2009 CA 003615 B

Verdict Form
Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 10/20/2008 ________ YES Subject Line Recession-Proof Your Legal Research! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 10/22/2008 ________ YES Subject Line LEGAL RESEARCH POWER USER SECRETS! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 10/27/2008 ________ YES Subject Line JOE THE LAWYER? _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 10/30/2008 ________ YES Subject Line JOE THE LAWYER? _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 11/10/2008 ________ YES Subject Line Make the Transition… _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received Subject Line

11/17/2008 ________ YES

Make the Transition… _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 11/20/2008 ________ YES Subject Line Make the Transition… _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 11/24/2008 ________ YES Subject Line Thelaw.net Gobbles Up Subscribers! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 12/1/2008 ________ YES Subject Line Search Nationally in 2009! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 12/4/2008 ________ YES Subject Line Search Nationally in 2009! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 12/9/2008 ________ YES Subject Line Ten Lawyers Leaping! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 12/12/2008 ________ YES Subject Line Ten Lawyers Leaping! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 12/16/2008 ________ YES Subject Line Ten Lawyers Leaping! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?

2

Date Received 1/5/2009 ________ YES

Subject Line Search Nationally in 2009! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 1/7/2009 ________ YES Subject Line Stop Wasting Time with Westlaw! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 1/12/2009 ________ YES Subject Line Stop Wasting Time With Westlaw! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 1/15/2009 ________ YES Subject Line Your Westlaw Bailout Plan! $48/month! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 1/21/2009 ________ YES Subject Line Your Westlaw Bailout Plan! $48/month! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 1/26/2009 ________ YES Subject Line Your Westlaw Bailout Plan! $48/month! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 1/29/2009 ________ YES Subject Line What you‟re missing with Westlaw… _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 2/2/2009 ________ YES Subject Line America‟s Most Intuitive Legal Research Application! _________ NO

3

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 2/5/2009 ________ YES Subject Line America‟s Most Intuitive Legal Research Application! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 2/9/2009 ________ YES Subject Line Why you love Google & hate legal research _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 2/11/2009 ________ YES Subject Line Why you love Google & hate legal research _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 2/16/2009 ________ YES Subject Line Why you love Google & hate legal research _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 2/20/2009 ________ YES Subject Line Take the West Challenge! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 2/24/2009 ________ YES Subject Line 42 /5 1983 & “strip search” & “honor student” _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 2/27/2009 ________ YES Subject Line 42 /5 1983 & “strip search” & “honor student” _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 3/4/2009 police Subject Line 451 U.S. 527 & 42 /5 1983 & “excessive force” &

4

________ YES

_________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 3/6/2009 police ________ YES _________ NO Subject Line 451 U.S. 527 & 42 /5 1983 & “excessive force” &

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 3/9/2009 ________ YES Subject Line for official use only site:defenselink.mil _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 3/12/2009 ________ YES Subject Line for official use only site:defenselink.mil _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 3/16/2009 ________ YES Subject Line West Attorney Editors v. Advanced Boolean Logic _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 3/18/2009 ________ YES Subject Line Supercharge Your Westlaw Results! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 3/23/2009 ________ YES Subject Line A MURDER IN MICHIGAN _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 3/26/2009 ________ YES Subject Line Say Goodbye To „Stumble Over‟ Research! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received Subject Line

5

3/30/2009 ________ YES

Say Goodby To „Stumble Over‟ Research! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 4/2/2009 “fraudulent transfer” ________ YES Subject Line 11 /5 547 & “preferential transfer” & 11 /5 548 & _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 4/6/2009 “fraudulent transfer” ________ YES Subject Line 11 /5 547 & “preferential transfer” & 11 /5 548 & _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 4/9/2009 “fraudulent transfer” ________ YES Subject Line 11 /5 547 & “preferential transfer” & 11 /5 548 & _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 4/15/2009 ________ YES Subject Line foreclosure sale & “equitable lien” _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 4/18/2009 ________ YES Subject Line foreclosure sale & “equitable lien” _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 4/21/2009 ________ YES Subject Line inequitable division & “community assets” _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 4/24/2009 ________ YES Subject Line inequitable division & “community assets” _________ NO

6

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 4/28/2009 ________ YES Subject Line Know Your Top Ten Most Relevant Opinions _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 5/6/2009 ________ YES Subject Line Know Your Top Ten Most Relevant Opinions _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 5/11/2009 ________ YES Subject Line Scalia Tackles Sharpie Sniffing! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 5/18/2009 ________ YES Subject Line Scalia Tackles Sharpie Sniffing! _________ NO

Do you find that the preponderance of the evidence shows that the following email contained false or misleading information in the subject line?
Date Received 5/20/2008 ________ YES Subject Line „Alice in Westlawland‟ _________ NO

7

If you answered YES to any of the above, do you find by a preponderance of the evidence that Cyberlaw P.C. suffered any actual damages as a result? ________ YES _________ NO

If the answer is Yes, how much do you award Cyberlaw, P.C. for actual damages? $________

If you answered YES to any of the above, do you find by a preponderance of the evidence that Cyberlaw P.C. should received any liquidated damages? ________ YES _________ NO

If the answer is Yes, how much do you award Cyberlaw, P.C. for liquidated damages? $______

_______________________ FOREPERSON

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