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Pennsylvania Employee Law Blawg > Posts > Jury Returns Verdict in Favor of Employee in Internet Snooping Case.
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6/30/2009

After several days of deliberation, a New Jersey jury returned a verdict in favor of the Plaintiff in the case Brian Pietrylo, et al., v. Hillstone Restaurant Group d/b/a Houston’s. I Blawged about the facts of this case on May 24. An essential element of that case was whether the Defendant was authorized to review the Plaintiff’s private Myspace Web site. The Defendant obtained access to that Web site by using the password and login information of an authorized user to the site. Base on those facts, the Defendant moved for summary judgment, which was denied. The Court held that a material issue of fact existed as to whether the Defendant coerced that information from the authorized user. From the Jury’s verdict, it appears that they believed that the defendant had coerced the authorized user. The case caught national attention and stands as a warning to employers of the risk they expose themselves to under Federal law for improperly reviewing their employee's electronic communication. At present no appeal has been filed. Some sources indicate that the Defendant does not plan to appeal. If no appeal is filed, the Defendant will be liable to the Plaintiff for all his attorney fees, which are no doubt significant.
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