Knotty Issues of eDiscovery
The 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.[…]
Read more
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 moreThere is no psychic privilege. However, the legal tealeaves foretell a discovery dispute between online psychic advice and the Stored Communication Act. Judge Frank Maas had to interpret the legal Tarot Cards in an employment dispute involving a Plaintiff who sought online psychic advice. The Defendants sought discovery from 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 moreIn a case originating from a police shooting, the Plaintiffs included in their complaint a screen capture of the shooting officer’s MySpace page. Rice v. Reliastar Life Ins. Co., 2011 U.S. Dist. LEXIS 32831, 11-13 (M.D. La. Mar. 29, 2011). The MySpace page included a 1960s era photo of Clint[…]
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 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[…]
Read moreThe Plaintiffs in 1524948 Alberta Ltd. v. John Doe 1-50 claimed they were the victims of trademark infringement, trade libel, defamation and intentional interference with contractual relationships. The Plaintiffs claimed the unknown Defendants used a website “to publish allegedly “false, defamatory and infringing statements and to conduct other unlawful activity[…]
Read moreIn a case originally filed in California State Court, a Plaintiff brought a civil rights action against Facebook for alleged First and Fourteenth Amendment violations. The Defendant removed the case to Federal Court. Young v. Facebook, Inc., 2010 U.S. Dist. LEXIS 98261, at *1-2 (N.D. Cal. Sept. 13, 2010). The Plaintiff sought[…]
Read more