In re Subpoena Duces Tecum to AOL

550 F. Supp. 2d 606 (2008)

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In re Subpoena Duces Tecum to AOL

United States District Court for the Eastern District of Virginia
550 F. Supp. 2d 606 (2008)

RW

Facts

Thomas and Pamela McIntosh suffered hurricane damage, for which they claimed federal flood-insurance benefits. The McIntoshes sued State Farm Fire & Casualty Company (State Farm) (defendant) over State Farm’s handling of that claim. Cori and Kerri Rigsby (plaintiffs) were not parties to the McIntosh litigation. However, in the course of their work as insurance adjusters, the Rigsbys uncovered evidence of insurance fraud, which led them to bring a qui tam action against State Farm on behalf of the federal government. When the McIntosh lawsuit entered its discovery phase, State Farm subpoenaed AOL, LLC, an Internet service provider, for all of the Rigsbys’ email that could be relevant either to the McIntosh or the qui tam lawsuits. A federal magistrate judge granted the Rigsbys’ motion to quash the subpoena. State Farm appealed to the district court.

Rule of Law

Issue

Holding and Reasoning (Lee, J.)

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