Tag: Social Media

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

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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