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VAN ALSTYNE v. ELECTRONIC SCRIPTORIUM, LTD.

Nos. 07-1892, 07-1899.

560 F.3d 199 (2009)

Bonnie VAN ALSTYNE, Plaintiff-Appellee, v. ELECTRONIC SCRIPTORIUM, LIMITED, Suggestion of Bankruptcy filed August 16, 2007, Defendant-Appellant, and Edward Leonard, Defendant, and Brett Leonard, Party in Interest. Bonnie Van Alstyne, Plaintiff-Appellee, v. Edward Leonard, Defendant-Appellant, and Electronic Scriptorium, Limited, Suggestion of Bankruptcy filed August 16, 2007, Defendant, and Brett Leonard, Party in Interest.

United States Court of Appeals, Fourth Circuit.

Decided: March 18, 2009.

Attorney(s) appearing for the Case

ARGUED: Nicholas Hantzes, Hantzes & Reiter, McLean, Virginia, for Appellants. Christopher Alan Abel, Troutman Sanders, L.L.P., Norfolk, Virginia, for Appellee. ON BRIEF: Dawn L. Serafine, Troutman Sanders, L.L.P., Norfolk, Virginia; Elizabeth A. Billingsley, Troutman Sanders, L.L.P., McLean, Virginia, for Appellee.

Vacated and remanded with instructions by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge SHEDD and Judge AGEE joined.

OPINION

WILLIAMS, Chief Judge:

During Bonnie Van Alstyne's employment with Electronic Scriptorium Limited ("ESL"), ESL's president, Edward Leonard, began accessing her personal email account. Van Alstyne discovered Leonard's actions, which continued for more than a year after Van Alstyne left ESL, while litigating an unrelated matter with ESL in Virginia state court. Thereafter, Van Alstyne brought suit under the Stored Communications Act, 18 U.S.C.A. &...

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