Instagram – Electronic Discovery Law

Abedin v. Palominos Osorio (N.Y.A.D. Nov. 12, 2020)

Nov 12 2020

Key Insight: The court granted defendant’s motion to compel the minor plaintiff to sign authorizations to obtain her social media information. “[D]efendant demonstrated that records from [plaintiff’s] Facebook, Snapchat, and Instagram accounts were ‘reasonably likely to yield relevant evidence.’” The ESI was relevant to alleged emotional and mental trauma plaintiff suffered as a result of the accident as evidenced by her social isolation and withdrawal.

Nature of Case: Personal injuries

Electronic Data Involved: Social media

Case Summary

Crossman v. Carrington Mortg. Servs., LLC, (M.D. Fla. May 4, 2020)

May 04 2020

Key Insight: Defendant moved to compel social media discovery from plaintiff. The court considered plaintiff’s objections based on relevancy, privacy, and vagueness. Plaintiff did not assert a proportionality argument. The court found that the discovery was relevant – “common sense dictates that information in [plaintiff’s] social medial . . . relates to her contemporaneous mental and emotional states and therefore relates to the injuries she claims she suffered at the hands of [defendant], including loss of enjoyment of life.” As to privacy, a confidentiality agreement suffices to protect plaintiff’s interests. As to vagueness, plaintiff’s counsel can “reasonably and naturally” interpret the requests in view of the claims and defenses through communication with opposing counsel. Lastly, an award of expenses was unwarranted since “reasonable minds can differ on the dispute.”

Nature of Case: Employment Discrimination

Electronic Data Involved: Social Media

Case Summary

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