E360 (who is also fighting Spamhaus in court) just saw their lawsuit against Comcast laughed out of court.
The judge in this case really seems to be savvy on the issues involved.
Third sentence in: "Some, perhaps even a majority of people in this country, would call [E360] a spammer." He goes on to be clear that he gets it about spam filtering, and that the judiciary even uses spam filters. In a footnote, he question E360's claims of denial-of-service attacking, saying basically that if a receiving site blocking a sender makes their stuff fall over, then their stuff is might be poorly designed.
Ultimately, the court dismisses all claims brought by E360 on the basis that Comcast isn't doing anything that indicates they are acting outside of good faith.
Read it all here. (h/t to Mickey Chandler of SpamSuite)