Brann & Isaacson Wins Summary Judgment for NaviStone in Pennsylvania

On June 17, 2021, U.S. District Judge William S. Stickman IV of the Western District of Pennsylvania granted a motion for summary judgment filed by David W. Bertoni, David Swetnam-Burland, and Eamonn Hart on behalf of their client, NaviStone, Inc., which had been accused of violating the Pennsylvania Wiretapping and Electronic Surveillance Control Act (or WESCA). The suit was brought by a private plaintiff, Ashley Popa, on behalf of a potential class of visitors to the website of Harriet Carter Gifts. In a comprehensive 18-page opinion, Judge Stickman concluded that neither NaviStone nor Harriet Carter Gifts had intercepted plaintiff’s communications with the Harriet Carter Gifts website in violation of WESCA when she visited the site to search for pet stairs.

This is the second victory B&I has secured for NaviStone in a class action lawsuit this month, having won the dismissal of a California case on June 10, 2021; and this is the sixth class action in which NaviStone, represented by the firm in each case, has prevailed.

The Pennsylvania case is Popa v. Harriet Carter Gifts, Inc., Case No. 2:19-cv-450 (W.D.Pa.).