Tag: Social Media

1
Cordova v. Walmart Puerto Rico, Inc., et al., No. 16-2195 (ADC) (D.P.R. July 16, 2019)
2
Mercado-Cordova v. Walmart Puerto Rico et al (D.P.R., 2019)
3
Bass v. Facebook, Inc., No. 18-cv-05982 (N.D. Cal., 2019)
4
In Re the Paternity of B.J.M., Appeal No. 2017AP2132 (Wis. App. Feb. 20, 2019)
5
Locke v. Swift Transportation Co. (W.D. Ky., 2019)
6
Vasquez-Santos V. Mathew (N.Y. App. Div. , 2019)
7
Robinson v. MGM Grand Detroit, LLC (E.D. Mich., 2019)
8
Facebook, Inc. v. Wint (D.C. App. , 2019)
9
Sines v. Kessler, No, 3:18-mc-80080-JCS (N.D. Cal. Aug. 6, 2018)
10
Hinostroza v. Denny’s Inc., No. 2:17-cv-02561-RFB-NJK (D. Nev. June 29, 2018)

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

View Case Opinion

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

View Case Opinion

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

View Case Opinion

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

Facebook, Inc. v. Wint (D.C. App. , 2019)

Key Insight: Stored Communications Act precludes Facebook from complying with a subpoena that requested contents of communications on the social media platform

Nature of Case: Criminal appeal, Murder

Electronic Data Involved: Social media accounts

Keywords: social media, facebook, SCA, subpoena, Criminal, serious constitutional doubt

Sines v. Kessler, No, 3:18-mc-80080-JCS (N.D. Cal. Aug. 6, 2018)

Key Insight: Discoverability of the identity and communications of users of anonymous messaging services.

Nature of Case: Suit against supporters of “Unite the Right” rally

Electronic Data Involved: anonymous communications, anonymous user account info, Discord records

Keywords: anonymous communications, stored communications act, first amendment rights, Discord, third party subpoenas

View Case Opinion

Hinostroza v. Denny’s Inc., No. 2:17-cv-02561-RFB-NJK (D. Nev. June 29, 2018)

Key Insight: Defendant’s motion (granted) to compel discovery from various plaintiff sources of ESI, including social media accounts.

Nature of Case: slip and fall injuries

Electronic Data Involved: emails, text messages, FitBit, social media

Keywords: slip and fall, social media, reflective of an individual’s contemporaneous emotions and mental state.

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.