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CLARE v. CLARE

No. 19-36039.

982 F.3d 1199 (2020)

Andrea Jean CLARE, Individually, Plaintiff-Appellant, v. Kevin P. CLARE, Individually, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 8, 2020.

Attorney(s) appearing for the Case

George E. Telquist (argued), Telare Law PLLC, Richland, Washington, for Plaintiff-Appellant.

William C. Schroeder (argued), KSB Litigation P.S., Spokane, Washington, for Defendant-Appellee.

Before: Michael Daly Hawkins, Ronald Lee Gilman, and Consuelo M. Callahan, Circuit Judges.

OPINION

In this summary judgment appeal we address whether a husband's unauthorized access into his wife's work e-mails—undoubtedly an invasion of her privacy— could also constitute a violation of the Stored Communications Act (SCA). We conclude that it could and leave it to the trier of fact to determine...

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