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When Social Media is Relevant, Deleting Account May Lead to Adverse Inference Instruction
In Gatto v. United Airlines, Inc., 2013 U.S. Dist. LEXIS 41909, No.: 10-cv-1090-ES-SCM (D.N.J. Mar. 25, 2013), plaintiff Frank Gatto was ordered to produce personal Facebook account records. The personal injury action alleged permanent disability limiting physical and social activities, so the court agreed Facebook records were relevant and discoverable.
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Defendant’s Request to “Roam Freely” Through Plaintiff ESI Denied in NOLA
In Nola Spice Designs, LLC v. Haydel Enterprises, Inc., No 12-2515(E.D.La. August 2, 2013), the defendant issued requests for certain plaintiff ESI and electronic data. The case involved trademark infringement, and plaintiff sought a declaratory judgment and other relief. Defendant Haydel issued ESI requests, specifically: “Passwords and user names to
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Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request
Social media accounts, typically Facebook, are currently a hot-button issue for plaintiff ESI production in civil litigation. Most courts require a threshold showing that the public account has relevant information that would lead to discoverable evidence before requiring a plaintiff to produce private portions of the account. In an order
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Can Plaintiffs Keep Facebook Profiles “Private” to Shield from eDiscovery?
“Postings on Facebook and other social media present a unique challenge for courts, due to their relative novelty and their ability to be shared by or with someone besides the original poster.” Such was the issue facing a district court in Higgins v. Koch Development Corporation, No. 3:11-cv-81-RLY-WGH(S.D.In. July 5,
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Court Questions Probative Value of Social Media Data for Emotional Distress Claims
In our last blog, we began a discussion regarding the case Giaccehtto v. Patchogue-Medford Union Free School District, No. CV 11-6323(ADS)(AKT)(2013 WL 2897054 (E.D.N.Y.)). In the case, the court rejected the trend requiring a “threshold evidentiary showing” of relevancy of the public portion of a social media account to gain
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Court Rejects Trend Requiring Threshold Showing for Plaintiff Social Media Accounts
As almost everyone is on social media sites, a common issue most plaintiffs will face in civil litigation is requests for production of information and electronic data regarding these sites. Not surprisingly, data from Facebook accounts, both the public and private portion, are commonly requested by defendants as part of
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PA Court Pens Comprehensive Opinion Regarding eDiscovery and Facebook
A Pennsylvania state court judge recently wrote an extremely useful court opinion for anyone looking for case law regarding the production of Facebook accounts and social media. Although the state court opinion would only have mandatory authority under PA law, this case could be useful to anyone researching social media
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Open Season on Facebook for Plaintiff ESI Production? Not So Fast.
There is a new trend emerging in civil litigation relating to plaintiff ESI production requests: defendants are now regularly demanding access to social media accounts, particularly Facebook. While the case law continues to evolve, many courts hold that defendants must make a “threshold showing” that information gleaned from a plaintiff’s
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Deleted Facebook Account: Misunderstanding or eDiscovery Spoliation?
In the case Gatto v. United Air Lines, Inc., Civil Action No.: 10-cv-1090-ES-SCM (N.D.N.J. March 25, 2013), the court entered an order on the defendant’s Motion for Sanctions in a personal injury case. The defendants requested information from Gatto’s social media accounts as part of the plaintiff ESI production, served
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Are Sanctions Proper in EEOC Sexual Harassment Case?
EEOC v. The Original Honeybaked Ham Company of Georgia, No. 11-cv-02560-MSK-MEH (D.Co. Feb. 27, 2013) is an ongoing case that we blogged about last year. In the prior interlocutory order, the court granted broad access to class members’ social media accounts (subject to a protective order and an in camera review). After