"What they wanted to do, my client did not want to do," Toder told Wired; Thomas has previously stated she would not settle the case.
Thomas was initially found guilty of copyright infringement and ordered to pay a $220,000 fine for sharing 24 songs on Kazaa.
However, U.S. District Judge Michael Davis declared a mistrial after concluding that he erred when instructing the jury that Thomas should be found guilty if she merely made songs available for sharing, without proof that they had been downloaded by a third party.
The retrial is scheduled to begin on June 15.
For my earlier report on this case, go here