Gatto v. United Air Lines, Inc., No. 10-cv-1090-ES-SCM, 2013 WL 1285285 (D.N.J. Mar. 25, 2013)
In this personal injury action, the court imposed spoliation sanctions for Plaintiff’s failure to preserve his Facebook account.
Plaintiff alleged that as the result of a work-related accident he sustained numerous injuries that rendered him permanently disabled. Defendants sought production of information related to Plaintiff’s social media accounts and online business activities such as eBay. In response, Plaintiff provided signed authorizations for the release of information from certain sites, but did not include authorization for the release of records from Facebook.