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Court Denies Defendants’ Request For Unlimited Access to Plaintiff’s Facebook Account
Defendants sought full access to Plaintiff’s Facebook account, including Plaintiff’s username and password, in the putative class action case In re Milo’s Kitchen Dog Treats Consolidated Cases, Civil Action No. 12-1011 (W.D. Penn. April 14, 2015). Plaintiff alleges that Defendants’ dog treats harmed her dog. Defendants claimed that before she filed her complaint, Plaintiff
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No Sanctions For Failure to Produce Copy of Twitter Feed
The Northern District of Indiana considered whether to sanction Defendants in Haddad v. Lake Central School Corp. et al., Case No. 2:11-cv-430 (N.D. Ind. April 7, 2015) for failing to produce copies of Plaintiff’s twitter feed. Plaintiff, a minor suing a school district for physical and emotional harm suffered due to bullying
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Are Facebook Photos Protected by Privacy Rights in eDiscovery?
In the personal injury lawsuit Nucci v. Target, No. 4D14-138 (Fla. Dist. Ct. App. Jan. 7, 2015), Plaintiff appealed to the District Court of Appeal of Florida to quash a lower court’s order compelling Plaintiff to produce photographs from her Facebook account. Before deposing Plaintiff, defense counsel noted that Plaintiff’s Facebook profile contained
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Plaintiff Email and Facebook Accounts Sought in Class Action Lawsuit
Plaintiffs alleged Defendants failed to maintain their residential properties and failed to remedy the properties after mold was discovered, resulting in personal injury in the class action case Federico et al., v. Lincoln Military Housing LLC, et al., Case No. 2:12-cv-80 (E.D. Virginia, December 31, 2014). Defendants sought Plaintiff ESI, including
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Where Is Social Media Headed?
The question of where social media is headed is a bit misleading because social media is here to stay. Social media is pervasive, touching businesses, clients, and their adversaries. Social media is even more ubiquitous in people’s personal lives. Coupling these factors with the recent ruling in Riley v. California, Nos.
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Do Facebook Settings Complicate Plaintiff eDiscovery?
Social media is often requested by defendants as part of plaintiff ESI. However, do plaintiffs have to produce every detail contained within a Facebook profile? What if Facebook only allows the entire account to be downloaded without allowing for date restrictions, even if the entire account was not ordered produced?
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What Type of ESI Spoliation Led to Dismissal of Plaintiff’s Claim?
Many of the spoliation cases we blog about discuss defense-side electronically stored evidence, but plaintiffs can be sanctioned for spoliation as well. For a case where plaintiff’s case was dismissed entirely due to the spoliation of evidence, see Cornelius v. Bae Systems Information Solutions, Inc., Case No. 1:13-cv-00825 AJT/TCB (E.D.Virginia
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Confidential Settlement? Don’t Write About it on Facebook!
Social media in civil litigation is still (relatively) new terrain. In a lesson for the ages, one teenage girl demonstrated the costly price of “oversharing” to the tune of $80,000. In this case, her father had filed suit against his former employer. The father was the former head of Gulliver
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Court Quashes Overbroad Plaintiff ESI Sought Against Mother of Injured Child
It comes as no surprise that some defendants may try to seek ESI from plaintiffs solely as part of a fishing expedition, or worse. Particularly when a defense attorney admits to such in a hearing, there is little doubt that the court will quash the subpoena in favor of plaintiff’s privacy. In the case Root
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The Year in Review: 2013 Trends in Plaintiff Electronic Discovery
Our Plaintiff eDiscovery Experts Highlight Notable Case Law As our website continues to highlight the latest plaintiff eDiscovery cases and topics, certain trends emerge that are exceptionally notable for practitioners. Please review with us some of the electronic discovery blog highlights from 2013! Bar is Raised for eDiscovery Attorney Competence