Overbroad e-mail subpoena could lead to liability

Via LawMeme, I have read that the Ninth Circuit in an opinion by Judge Alex Kozinski held in Theofel v. Farey-Jones that the plaintiffs could have a claim under the federal Stored Communications Act, 18 U.S.C. § 2701 et seq., against an attorney who obtained a bunch of their e-mail from their ISP by means of a grossly overbroad subpoena.