Tag: Social Media

1
Ehrenberg v. State Farm Mut. Auto. Ins. Co., No. 16-17269 (E.D. La. Aug. 18, 2017).
2
hiQ Labs Inc. v. LinkedIn Corporation (ND California, 2017)
3
Gordon v. T.G.R. Logistics, Inc., No. 16-cv-00238-NDF (D. Wyo. May 10, 2017)
4
Zamora v. Stellar Management Group, Inc. (W.D. Mo., 2017)
5
Kellgren v. Petco Animal Supplies, Inc. (S.D. Cal., 2017)
6
United States ex rel. Reaster v. Dopps Chiropractic Clinic, LLC (D. Kan., 2017)
7
Scott v. United States Postal Services, No. 15-712-BAJ-EWD (M.D. La. Dec. 27, 2016).
8
US v. Brown (United States Court of Appeals 3rd Circuit, 2016)
9
Stewart v. State of Iowa (Iowa, 2016)
10
Xiong vs. Knight Transportation, No. 1:12-CV-01546-RBJ (D. Colo. July 27, 2016).

Ehrenberg v. State Farm Mut. Auto. Ins. Co., No. 16-17269 (E.D. La. Aug. 18, 2017).

Key Insight: Data link

Nature of Case: Insurance claim, Personal injury action

Electronic Data Involved: Documents, social media records including Facebook/ Twitter?Instagram ” data link”. photos

Keywords: Personal injury, Insurance claim, “data link”.

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hiQ Labs Inc. v. LinkedIn Corporation (ND California, 2017)

Key Insight: if use of publicly available information provided by a source for profit can be restricted by the source of the information

Nature of Case: violation of computer fraud and abuse act.

Electronic Data Involved: publicly available information available on websites like linkedin

Keywords: public interest, publicly available data, preliminary injunction

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Gordon v. T.G.R. Logistics, Inc., No. 16-cv-00238-NDF (D. Wyo. May 10, 2017)

Key Insight: Limiting the scope of discovery requests for full social media account history

Nature of Case: personal injury

Electronic Data Involved: Facebook account history

Keywords: social media, Facebook, proportionality, burdensome discovery

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Zamora v. Stellar Management Group, Inc. (W.D. Mo., 2017)

Key Insight: Can the court order additional discovery if a party destroys evidence? Is a prejudice ruling required in a destruction of evidence case?

Nature of Case: Retaliation and discharge

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

Keywords: Prejudice, Destruction of evidence, Social media, Text messages

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Kellgren v. Petco Animal Supplies, Inc. (S.D. Cal., 2017)

Key Insight: Discovery request for managers’ text messages was ruled overbroad and not likely to be useful due to store policy that managers only communicate via email or voicemail.

Nature of Case: Fair Labor Standards Act dispute

Electronic Data Involved: text messages, email, communication methods the managers could have possibly used

Keywords: Text messages, overbreadth, overbroad, relevance

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United States ex rel. Reaster v. Dopps Chiropractic Clinic, LLC (D. Kan., 2017)

Key Insight: Social media information is not specially protected, but discovery requests should be tailored so as to not become fishing expeditions.

Nature of Case: employment discrimination, federal false claims act

Electronic Data Involved: Social media postings

Keywords: Social media, proportionality

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Scott v. United States Postal Services, No. 15-712-BAJ-EWD (M.D. La. Dec. 27, 2016).

Key Insight: Defendants request for social media posts was too broad and needed to be even more specifically directed to claims in case.

Nature of Case: personal injury

Electronic Data Involved: Social Media Posts

Keywords: social media; scope

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