Tuesday, December 08, 2020

Clare v. Clare (9th Cir. - Dec. 8, 2020)

You're used to seeing former spouses on opposite sides of the caption in state court, which deals with a fair number of family law cases.  But it's fairly uncommon in federal court.  So when I saw that this opinion was captioned "Clare v. Clare" -- and was indeed about former spouses suing each other -- it piqued my interest.

The lesson I learned was this:  Don't spy on even your current spouse's email and other electronic data.  Because they may well sue you.

Especially if, as here, your spouse (here, the wife) is a lawyer.

The former spouse appears to be represented on appeal by her law partner in a two-attorney firm.  In a litigation that -- perhaps not surprisingly -- seems especially nasty.

Regardless, even if your spouse isn't an attorney, let their private stuff stay private.  Or else.