Knotty Issues of eDiscovery
Puerto Rico continues to be a very forward thinking Court when it comes to social media. Magistrate Judge Silvia Carreño-Coll issued the following Jury Instructions on Social Media usage in a product liability case: JURY INSTRUCTION 30 NO SOCIAL MEDIA During your deliberations, you must not communicate with or provide[…]
Read moreCourts 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[…]
Read moreThe New York Court of Appeals denied Nonparty Twitter, Inc.’s appeal in People v Harris as “academic” and moot, because the Tweets in question had been produced pursuant to the State’s subpoenas. New York v. Harris, 2013 N.Y. Misc. LEXIS 2039 (N.Y. Misc. 2013). The case involved the prosecution of an[…]
Read moreThe Plaintiff, an established 15-year-old moving company, brought a lawsuit against the Defendant for trademark violations, libel, and other unfair competition causes of action. Tdc Int’l Corp. v. Burnham, 2010 U.S. Dist. LEXIS 4646 ( E.D. Mich. Jan. 21, 2010). A settlement agreement was entered (after a default) requiring the Defendant to[…]
Read moreIn United States v. Shelnutt, a member of the press requested the right to “Tweet” a criminal trial on Twitter. The court denied the request pursuant to Federal Rule of Criminal Procedure Rule 53. United States v. Shelnutt, 2009 U.S. Dist. LEXIS 101427 (M.D. Ga. Nov. 2, 2009). Federal Rule of Criminal[…]
Read moreCameras in Courtrooms have been the cannon fodder for courtroom sketches for years. A recent court order for a trial in Florida highlights how judges are keenly aware of technology and reporters. A temporary press room was set up for reporters covering a criminal trial. The reporters would be allowed to[…]
Read moreWho knew 140 characters, a few status messages, and tags could play a big role in a court opinion hitting juror misconduct? It is not a huge surprise in a criminal case involving politics, money and fraud. A Little Background: The Criminal Case against the Defendants Multiple Defendants were charged[…]
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