Danois v. i3 Archive Inc., 2013 WL 3556083 (E.D. Pa. July 12, 2013)
Employer sued employee for violating the Computer Fraud and Abuse Act premised on the allegation that, after termination of his employment, employee deleted emails from his own and another terminated employee’s email accounts. Employer, however, was able to easily restore all, or at least substantially all, of the deleted emails.
Employee filed a motion for summary judgment on whether the predicate $5,000 loss requirement was satisfied. Employer argued that the process of restoring the emails took two full days and prevented the system engineer doing the restoration from furthering the company’s business at that critical juncture in the company’s history. The court found this was inadequate and Employer failed to offer any evidence to establish the $5,000 loss and granted summary judgment.