Tag: Facebook

1
Brown v. SSA Atlantic (S.D. Ga. 2021)
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Abedin v. Palominos Osorio (N.Y.A.D. Nov. 12, 2020)

Brown v. SSA Atlantic (S.D. Ga. 2021)

Key Insight: Defendant filed a motion to compel and for sanctions regarding plaintiff’s failure to identify and produce Facebook account information. Plaintiff had deleted or deactivated and failed to disclose the existence of his multiple Facebook accounts. The court found that the ESI was not “spoliated” since plaintiff only deactivated, not deleted, his Facebook accounts. However, the court found plaintiff’s conduct “troubling” and ordered plaintiff to produce account data for each Facebook account he maintains or maintained, whether deactivated or not, and if defendant finds that substantive information was lost or destroyed, it could renew its motion for spoliation sanctions.

Nature of Case: Personal injury

Electronic Data Involved: Facebook

Case Summary

Abedin v. Palominos Osorio (N.Y.A.D. Nov. 12, 2020)

Key Insight: The court granted defendant’s motion to compel the minor plaintiff to sign authorizations to obtain her social media information. “[D]efendant demonstrated that records from [plaintiff’s] Facebook, Snapchat, and Instagram accounts were ‘reasonably likely to yield relevant evidence.’” The ESI was relevant to alleged emotional and mental trauma plaintiff suffered as a result of the accident as evidenced by her social isolation and withdrawal.

Nature of Case: Personal injuries

Electronic Data Involved: Social media

Case Summary

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