SFBBG Wins Dismissal of Federal Wiretap Suit

On April 25, 2022, SFBBG’s Norm Finkel and Matthew Tyrrell obtained a victory on behalf of a firm client in a federal suit asserting that the client violated the federal wiretap act and engaged in other tortious conduct.  The plaintiff, who is dating the firm client’s ex-husband, alleged that the firm client had reviewed emails and other communications between the plaintiff and the ex-husband that were stored on an iPad used by the children of the client and her ex-husband.  The plaintiff’s complaint asserted that this alleged conduct violated the Electronic Communications Privacy Act (or Federal Wiretap Act) and gave rise to claims for invasion of privacy and intentional infliction of emotional distress.

After removing the case from state to federal court, SFBBG moved to dismiss all of the plaintiff’s claims.  Earlier this week, U.S. District Judge Sara L. Ellis issued a written opinion and order granting SFBBG’s motion and dismissing all claims against the firm’s client.  A copy of the opinion and order is attached herein.

This case was also covered in the Chicago Daily Law Bulletin on April 27, 2022.

If you have any questions regarding this post, please feel free to contact Norm Finkel or Matt Tyrrell, or call (312) 648-2300.

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