Knotty Issues of eDiscovery
In an employment dispute, the Defendant sought access to the Plaintiff’s Facebook profile and personal computer. The case had involved several discovery disputes challenging the Plaintiff’s discovery productions. Potts v. Dollar Tree Stores, Inc., 2013 U.S. Dist. LEXIS 38795, 5-9 (M.D. Tenn. Mar. 20, 2013). Among the discovery requests, the Defendant requested[…]
Read moreThe Defendant, apparently well versed in social-media, requested “[a] complete copy of all communications” between specific individuals and the Plaintiff sent on “Facebook, in a blog, via e-mail, text message, voicemail, letter, facsimile, or anywhere else.” The Defendant requested the ESI be produced in their “original, unaltered form.” Armstrong v.[…]
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The airline Defendant in a slip-and-fall case at an airport brought a motion for Plaintiff to produce her entire Facebook profile, including the private sections. Magistrate Judge R. Steven Whalen denied the motion. Tompkins v. Detroit Metro. Airport, 278 F.R.D. 387 ( E.D. Mich. 2012). The Court quickly recognized that[…]
Read moreIn Patel v. Havana Bar, 2011 U.S. Dist. LEXIS 139180 (E.D. Pa. Dec. 2, 2011), both parties were accused of spoliation. The underlining facts involved the Plaintiff attending an engagement party at the Defendant’s restaurant/bar and falling off a two-story balcony. Defendants’ Spoliation The allegations against the Defendant involved the[…]
Read more“Tweets” and “status comments” on social networking sites appear in lawsuits of all shapes and sizes. Wrongful termination cases are certainly no exception to this growing trend. In Smizer v. Cmty. Mennonite Early Learning Ctr., the Plaintiff claimed he was the subject of gender discrimination, because he was terminated for[…]
Read moreIn a trademark dispute between restaurants, the Plaintiff brought a sanctions motion, claiming spoliation of the Defendant’s Facebook profiles. Katiroll Co. v. Kati Roll & Platters, Inc., 2011 U.S. Dist. LEXIS 85212, 1-2 (D.N.J. Aug. 3, 2011). The Court denied the sanctions motion over the Facebook profiles. The Plaintiff first[…]
Read moreAn Illinois-based start-up founded a social networking site named “Techbook” for teachers. As one can imagine, Facebook sued for trademark infringement. Facebook, Inc. v. Teachbook.com, LLC, 2011 U.S. Dist. LEXIS 48590, 6-7 (N.D. Cal. May 2, 2011). Facebook sued in the Northern District of California, where they are headquartered. Teachbook.com,[…]
Read moreThe Plaintiff, a professional Chicago interior designer, was the director of marketing, PR and e-commerce for the Defendant, a well-known interior designer. Maremont v. Susan Fredman Design Group, Ltd., 2011 U.S. Dist. LEXIS 26441, at *4 (N.D. Ill. Mar. 15, 2011). After being injured in an accident, the Defendant impersonated[…]
Read moreA registered Facebook user allegedly gained unauthorized access to 116,000 Facebook accounts and sent in excess of 7.2 million spam email messages. Facebook, Inc. v. Fisher, 2011 U.S. Dist. LEXIS 9668, at *3 (N.D. Cal. Jan. 26, 2011). These spam emails were designed to “phish” for log-in information from Facebook[…]
Read moreYou should never forget about social media if you are in a lawsuit. In a trademark dispute, the Plaintiff brought a contempt motion because infringing marks were posted on Facebook. Fortune Hi-Tech Mktg. v. Isaacs, 2010 U.S. Dist. LEXIS 135130 (E.D. Ky. Dec. 21, 2010). The parties had an Agreed Order where[…]
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