Contact: Ram Avrahami Address: P.O. Box 5339 Arlington, VA 22205 Telephone: (703) 908-9125 Facsimile: (703) 908-0186 Email: avrahami@gramercy.ios.com AVRAHAMI - US NEWS TRIAL DELAYED AGAIN ARLINGTON, FEB. 6, 1996 -- In a surprising move, without request by either side, Judge Karen Henenberg ruled its court out of jurisdiction over Virginia Statute 8.01-40, and thus over the case of Ram Avrahami v. U.S. News & World Report. The move, initiated by Judge Henenberg before any other motion was discussed, relates to an antiquated legal distinction in Virginia between Courts of Equity and Courts of Law. After hearing some arguments, noting that the issue is not clear having no past similar cases, Judge Henenberg ruled that the District Court does not have jurisdiction over the Statute and is thus unable to rule on merits of the case. Avrahami's Counsel, Jonathan Dailey, said that the court's interpretation was erroneous, since the statute provides for a remedy at law to recover money damages. The decision surprised people in the courtroom, many of them from the Direct Marketing Association, since in November Judge Henenberg ruled that she does have jurisdiction over the case and denied a request to delay the motion until higher court rules on a counter motion by U.S. News against Avrahami, based on the same statute. That motion is scheduled for trial on June 6. Avrahami's motion may need to get to that court as well after today's ruling. Ram Avrahami said that he is considering all options so as to best advance his case. He said that he is sorry for the delay and will need to factor in the additional expenses of another court. "However," he added, "The legal technicalities seen today are irrelevant to the merit of the case, which is the question why a magazine can sell the name of its subscribers without permission. This question will have to be answered eventually, and nothing that happened until now caused me to worry about the eventual outcome." --- Ram Avrahami is represented by the Law Offices of Jonathan C. Dailey in Washington D.C. (telephone 202-496-1290, fax 202-496-9620). --- Information about the case may be obtained on the world wide web from the Electronic Privacy Information Center in Washington, DC (http://www.epic.org/privacy/junk_mail/) ###