Settlement in Comcast v. e360insight

I’ve got a lot to catch up on at Spamsuite.com, but a new document is up there tonight.

It looks like a settlement has been filed in Comcast’s counterclaim against David Linhardt and his (multiple) email marketing (and hosting) companies.

I have some analysis up there at Spamsuite, but I think the most important part is that it includes the settlement agreement. Right there, as part of the filing.

In my experience in working with litigators and litigation, this is pretty rare. Usually, someone files a statement that the document exists and everyone is more (or less) happy with it, and if a problem arises with the settlement, the judge will see them again. But the document itself is considered confidential and never even filed.

As I see it, Linhardt was so desperate to get out of this case he became willing to sign (in the Affidavit of Confession of Judgment¹) what’s basically a blank check to Comcast worth a quarter of a million dollars, and waive the usual niceties, like not having to allow the whole world to see what he agreed to.

I’ll also point out here, even though I don’t at Spamsuite, that Comcast basically agrees to nothing. This is all give on Linhardt’s part, with no take.

If you want to view this as a war, then this is a complete, total, devastating victory for Comcast. Linhardt’s country lies in ruins, with the conquering army busy spreading salt in its fields.