Lewton et al. v Divingnzzo et al. 8:09Cv-02 (United States District Court of Nebraska)
John A. Kinney and Jill M. Mason represented a father (William Duane Lewton), his minor child, and others in a case involving violations of the Federal Wiretap Act and the Nebraska Telecommunications Act. In this dispute, the mother (Dianna Divingnzzo), maternal grandfather (Sam M. Divingnzzo), and others secretly recorded Plaintiffs’ private conversations by inserting a hidden recording device into the minor child’s teddy bear. Mr. Lewton and Ms. Divingnzzo were previously married until the dissolution of their marriage in 2004. After the Court awarded Mr. Lewton unsupervised parenting time with the minor child, Ms. Divingnzzo attempted to interfere with the court order by secretly recording her former husband’s conversations (as well as any other party whom the minor child was near) when he had parenting time with the minor child. The United States District Court of Nebraska held that both the mother and grandfather were in violation of the Federal Wiretap Act and ordered to pay damages of over $250,000 to the Plaintiffs.