In the social arena, the "your email went to my spam folder" excuse seemed to go out of favor as quickly as it came in.  I just noticed it for the first time in a court decision (Majic Window Co. v. Milgard Windows, 2006 US Dist LEXIS 65617 (E.D. Mich., Sept. 14, 2006)).  Majic Window ("Majic") filed a lawsuit against Milgard Windows ("Milgard").  Milgard removed and filed counterclaims.  Majic failed to timely respond to the counterclaims.  Milgard sought and obtained default on these claims.  Majic moved to set aside the default.  Its excuse?

a computer error prevented it from timely responding to the Counterclaim.  Specifically, Majic Window asserts that the "Notice of Electronic Filing" was sent to an administrative assistant's "spam" folder and promptly deleted without having been provided to counsel of record for Majic Window.

Hmmm.  Defaults happen all the time, and people offer mostly constructed excuses to satisfy the no wilful or culpable conduct standard applied to set aside a default.  So it's tough to fault Majic for offering this excuse.  The court ultimately sets aside the default, finding that "[while] the failure to properly classify court emails is perhaps negligent, in this circumstance it does not display an 'intent to thwart the judicial proceedings' . . . ."   The decision is understandable.  Not everyone automatically routes ecf-sent emails to the "high priority" folders.  Also understandable is the court letting counsel know that "such an excuse will not be accepted in the future."

Indeed, "[i]t is counsel's responsibility to ensure that email filters are properly routing emails from CM/ECF and that any glitches are promptly corrected."

No word on whether the blacklisting of the domains or IP addresses of the US courts by Spamhaus would satisfy the no willful or culpable conduct standard.