Tag: Social Media

1
Denson v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (D. Utah, 2020)
2
Rodriguez-Ruiz v. Microsoft Operations Puerto Rico (District of Puerto Rico, 2020)
3
White v. Relay Res. & Gen. Servs. Admin. (United States District Court, W.D. Washington, 2020)
4
Guarisco v. Boh Brothers Construction, No. 18-7514 (E.D. La. Oct. 3, 2019).
5
Mercado-Cordova v. Walmart Puerto Rico et al (D.P.R., 2019)
6
Cordova v. Walmart Puerto Rico, Inc., et al., No. 16-2195 (ADC) (D.P.R. July 16, 2019)
7
Bass v. Facebook, Inc., No. 18-cv-05982 (N.D. Cal., 2019)
8
In Re the Paternity of B.J.M., Appeal No. 2017AP2132 (Wis. App. Feb. 20, 2019)
9
Locke v. Swift Transportation Co. (W.D. Ky., 2019)
10
Vasquez-Santos V. Mathew (N.Y. App. Div. , 2019)

Denson v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (D. Utah, 2020)

Key Insight: Plaintiff’s explanation regarding loss of evidence had changed and court ruled that defendant was entitled to have a third party collect and preserve the evidence. Plaintiff offered passwords to accounts, but court was concerned about possible destruction given Plaintiff’s changing explanation regarding social media accounts and recording.

Nature of Case: Sexual Assault

Electronic Data Involved: Electronic Devices and Cloud Based Accounts; Recording of conversation

Keywords: invasion of privacy, loss of evidence

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Rodriguez-Ruiz v. Microsoft Operations Puerto Rico (District of Puerto Rico, 2020)

Key Insight: Social media posts are generally not protected by privacy concerns, but discovery of social media posts do need to be limited and proportional to the case’s needs

Nature of Case: Wrongful termination

Electronic Data Involved: Social media posts

Keywords: Privacy, Facebook, Microsoft, wrongful termination, ADA, social media

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White v. Relay Res. & Gen. Servs. Admin. (United States District Court, W.D. Washington, 2020)

Key Insight: good faith effort, a reasonable effort to respond must be made, obstructive and dilatory

Nature of Case: employment discrimination

Keywords: vague broad objections, Failing to fully investigate the case is not an excuse from making initial disclosures

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Guarisco v. Boh Brothers Construction, No. 18-7514 (E.D. La. Oct. 3, 2019).

Key Insight: Party could still be sanctioned to pay expert fees where party unsuccessfully altered evidence.

Nature of Case: Automobile accident.

Electronic Data Involved: Photographs and videos.

Keywords: “altering” “deleting” “deliberate[ly]” “computer scientist” “Facebook post”

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Mercado-Cordova v. Walmart Puerto Rico et al (D.P.R., 2019)

Key Insight: inadvertent failure to preserve email evidence leads to monetary sanctions and adverse inference but no termination

Nature of Case: employment

Electronic Data Involved: pictures

Keywords: deleting facebook

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Bass v. Facebook, Inc., No. 18-cv-05982 (N.D. Cal., 2019)

Key Insight: A contract clause limiting liability for data breaches caused by third parties is not unconscionable. However, this clause does not bar negligence claims for failing to comply with minimum data-security standards.

Nature of Case: data-breach class action

Electronic Data Involved: customer personal data

Keywords: data security, personal data, breach, unconscionable

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In Re the Paternity of B.J.M., Appeal No. 2017AP2132 (Wis. App. Feb. 20, 2019)

Key Insight: Judge accepted party’s friend request on Facebook, after the custody hearing and before decision.

Nature of Case: Motion to modify minor child custody order due to domestic abuse

Electronic Data Involved: Facebook posts. Electronic social media (ESM).

Keywords: Facebook, objective bias, judicial bias

Identified State Rule(s): Appeal: reversal and remand for further proceedings before a different judge

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Vasquez-Santos V. Mathew (N.Y. App. Div. , 2019)

Key Insight: whether social media photos or videos where the party is tagged can be discoverable with limitations

Nature of Case: Personal injury

Electronic Data Involved: social media photographs, social media private access

Keywords: tagged, social media access, alleged restriction or disability, photo, basketball, car accident

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