Knotty Issues of eDiscovery
Here is something that is no surprise after people violently tried to overthrow the government: The FBI has a Sedition and Conspiracy task force. The individuals who stormed the United States Capitol on January 6, 2021 face a multitude of charges ranging from trespassing to advocating the overthrow of the[…]
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In a products liability MDL case over an implanted filter in medical devices, the Defendants sought the production of social media posts in native file format. The Plaintiffs had produced the social media as PDFs and had privacy concerns with producing native files. In re Cook Med., Inc., 2017 U.S.[…]
Read moreAdmissibility of electronically stored information cases are almost always in criminal cases. The Pinterest v Pintrips infringement litigation has excellent analysis by US District Court Judge Haywood Gilliam, Jr., on the admissibility of email messages and news articles in civil litigation. Email Admissibility Pinterest offered two email messages as evidence[…]
Read moreIf a basketball player posts a public photo to Instagram, and then another basketball player reposts the photo, can the first basketball player sue for Invasion of Privacy, Intentional Infliction of Emotional Distress, Defamation, and General Negligence? The answer is yes, you can sue, but you will not survive a[…]
Read morePuerto 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 moreWorking as a deckhand can be extremely dangerous. There are plenty of reality TV shows with fishermen, tugboats, and salvage crews to highlight the risks professional mariners face daily. What is also risky in litigation is posting on social media information that could hurt your case. In Newill v. Campbell[…]
Read moreHere are two tips on social media discovery: Tip One: Get an expert who knows how to collect the electronically stored information on social media. Tip Two: Downloading a Facebook profile, printing it, and conducting document review for redactions is not the best way to produce social media. The Defendants[…]
Read moreRequesting social media relevant to a lawsuit should be done as standard operating procedure now. However, some attorney have a difficult time with narrowing their requests beyond, “Produce your Facebook profile.” Such fishing expeditions are summarily denied. See, Tompkins v. Detroit Metro. Airport, 278 F.R.D. 387 ( E.D. Mich. 2012),[…]
Read moreWe live in a world where people walk around with phones that have more computing power than the Lunar Lander. A recent case highlighted the importance of how data on these devices can enter a lawsuit. In US v Davis, Instagram photos were used to help demonstrate a conspiracy between the[…]
Read moreIn a case involving claims of self-defense, the Trial Court excluded photos of the victim from MySpace holding a gun and wearing gang colors. Three prosecution witnesses claimed they had never seen the victim with a gun before. The Trial Court excluded the MySpace photos on the grounds the three[…]
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