Still No Rummaging Through Social Media in Discovery

Courts will not ReTweet or “Like” discovery requests for social media that are simply fishing expeditions. In Salvato v. Miley, the Plaintiff requested the following discovery: Interrogatory 12 Please identify whether you had any social media accounts and/or profiles including, but not limited to, Facebook, Twitter, MySpace, you have had at[…]

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Relevance, Social Media & Personal Computers

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[…]

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Let’s Ask Dad About the Attorney-Client Privilege

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.[…]

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Identifying Defaming Defendants with Expedited Subpoenas on Social Networking Sites

The 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[…]

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Burning Down MySpace: How Photos Can Get You Fired

Social networking websites can be a source of litigation and Human Resources nightmares.  These sites can also blur the lines between one’s personal and professional life. In Marshall v. Mayor of Savannah a probationary female firefighter was first reprimanded and then fired for her conduct during the reprimand originating from her MySpace photos.  Marshall[…]

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Inked Based Confessions on MySpace

The Defendant, who was being investigated for Social Security Fraud, challenged his confession to Federal agents.  United States v. Morales, 2009 U.S. Dist. LEXIS 122110 (S.D. Ga. Dec. 17, 2009).  The tip-off that there had been Social Security Fraud?  The Defendant’s MySpace profile. The Defendant denied any wrongdoing when initially interviewed[…]

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