Statutory Damages Nixed In Worker E-Mail Theft Case

Law360, New York (March 24, 2009, 12:00 AM EDT) -- Plaintiffs must prove actual damages in order to be eligible for an award of statutory damages under the federal Stored Communications Act, a federal court has ruled in a lawsuit brought by a woman who claimed her company's president illegally accessed her personal e-mail account after she sued him for sexual harassment.

The ruling, handed down March 18 by a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit, vacated a jury's $150,000 statutory damages award against now-defunct Electronic Scriptorium Ltd. and...
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