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
Key Insight: The expert’s theory was not sufficiently reliable, so it was excluded
Nature of Case: Products liability, medical
Electronic Data Involved: Expert testimony
Keywords: Causation, expert testimony
Key Insight: Social media is discoverable if limited, relevant, and proportional
Nature of Case: Employment discrimination
Electronic Data Involved: electronically stored information, social media
Keywords: Social media
Key Insight: P subpoenaed for documents from a third-party after failing to receive the same information from defendant
Nature of Case: employment dispute
Electronic Data Involved: contracts/agreements, subcontractor agreements, financial information, e-mail
Keywords: subcontractor, independent contractor, technician, subpoena, third-party, undue burden on a person subject to subpoena
Key Insight: Sanctions and shifted burden of proof imposed for failure to produce with intent to deprive.
Nature of Case: Discovery abuse sanctions
Keywords: spoliation, intent to deprive, sanctions, burden of proof shift, bad faith
Key Insight: whether the defendant acted with the intent to deprive plaintiff of the information’s use in the litigation
Nature of Case: personal injury
Electronic Data Involved: videotape
Keywords: videotape, garage door
Key Insight: denied as overbroad but ordered to produce responsive text messages
Nature of Case: workplace discrimination
Electronic Data Involved: cell phone data and text messages
Keywords: cant request all call info with coworkers, only relevant documents
Key Insight: whether giving compelling reason is necessary for the court to supplement an order to obey the law
Nature of Case: breach of contract
Electronic Data Involved: employment records and emails
Keywords: receivership estate, mass layoffs
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
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