Nov 1 (Reuters) - A Massachusetts couple subjected by
eBay employees to a bizarre harassment campaign after an online
newsletter they published drew the ire of executives can seek
punitive damages on some of their claims against the company,
though not some of the "most distressing" ones, a federal judge
ruled on Friday.
The ruling by U.S. District Judge Patti Saris in Boston
sought to clear up a legal question that the e-commerce
company's lawyers said had been a sticking point in talks to
settle the lawsuit by David and Ina Steiner, who it said were
already seeking more than $12 million in economic damages.
Lawyers for the Steiners and eBay did not immediately
respond to requests for comment.
Seven former eBay workers have pleaded guilty and received
sentences of as high as 57 months in prison for their roles in
an extensive campaign that took place in 2019 that involved
sending the Steiners cockroaches, fly larvae and a bloody
Halloween pig mask, and surveilling their home in Natick,
Massachusetts.
Prosecutors say the employees did so in order to silence
them after senior executives deemed the Steiners' newsletter,
EcommerceBytes, critical of eBay.
The San Jose, California-based company agreed in January to
pay $3 million under a deferred prosecution agreement. But the
company and some ex-eBay executives and employees remain
defendants in a separate civil lawsuit by the Steiners.
During a hearing in July, a lawyer for eBay, Jack Pirozzolo
of Sidley Austin, had told Saris that the company was seeking to
settle the case but that it had become clear during discussions
that they needed guidance from the judge on whether Steiners
were entitled to seek punitive damages.
Under Massachusetts law, the Steiners would not be entitled
to seek punitive damages against eBay. But the Steiners'
lawyers, led by Andrew Finkelstein of Finkelstein & Partners,
argued California law should apply to their damages claim.
Saris on Friday concluded the "most distressing conduct"
underlying the Steiners' claims of trespass, false imprisonment,
and Massachusetts Civil Rights Act violations occurred in
Massachusetts, foreclosing the availability of punitive damages.
Those claims concerned actions by eBay employees who
traveled to Natick to engage in surveillance of the couple and
vandalism of their property, which the Steiners said exacerbated
their fear for personal safety.
But Saris said the couple's other claims of intentional
infliction of emotional distress and civil conspiracy covered
not just the stalking and surveillance but also a broader range
of conduct that was carried out online from eBay's ( EBAY ) California
headquarters.
"California's countervailing interest in deterring such
malicious and extreme conduct by its corporate domiciles
prevails since the most significant of the unlawful conduct took
place within its borders," Saris wrote.
The case is Steiner v. eBay Inc ( EBAY ), U.S. District Court,
District of Massachusetts, No. 21-cv-11181.
For the Steiners: Andrew Finkelstein of Finkelstein &
Partners
For eBay: Jack Pirozzolo of Sidley Austin
(Reporting by Nate Raymond in Boston)