The 'Spam Filter Ate My Notice' Reasoning Convinces Court To Extend Deadline
from the but,-don't-think-you'll-be-so-lucky dept
I have to admit that I've been noticing a lot more false positives in my email spam filter lately. Fewer actual spam messages have been getting through, but a few too many legitimate emails have been getting caught. Apparently, I'm not the only one. A group of folks who were suing AIG, and lost on summary judgment, have successfully extended the deadline to appeal after claiming that they missed the initial notice (which indicated when they needed to appeal) because it got stuck in the spam filter. The court noted that this excuse has failed in the past on numerous instances, but because this was the only real evidence of a mistake, rather than a pattern of similar mistakes, it extended the deadline. However, it did "beat up" on the lawyers as well. So, generally speaking, it's probably not a very good excuse to use... but every once in a while it might just work.