Key Insight: The social media discovery request was considered overbroad, and was limited to posts relevant to the case
Nature of Case: Car accident
Electronic Data Involved: Social media posts
Keywords: Social media, proportionality
Key Insight: Can private social media and metadata be compelled into discovery?
Nature of Case: Bellwether products liability
Electronic Data Involved: Social media
Keywords: Metadata, social media, private data, public data, privacy
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”.
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
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
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
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
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
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
Key Insight: self-authentication
Nature of Case: Child Pornography
Electronic Data Involved: social media, and facebook chat
Keywords: must be authenticated through extrinsic or circumstantial evidence under Federal Rule of Evidence 901
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