Many times on this blog (e.g., here, here, and here), I’ve discussed the discovery of a plaintiff’s social media information in pending litigation. More often than not, these issues arise in personal injury actions where the defendant believes that the plaintiff’s injury isn’t as a severe as he claims it…
I got this as a Google Alert on Monday. The case is Davids v. Novartis Pharmaceuticals Corp. Allow me to set the stage for you. Plaintiff sues, claiming ongoing suffering from osteonecrosis of the jaw (if you click the link, don’t look at the picture on the right. Ewwwww) Defendant…
Well, at least that’s what a federal court recently told a defendant-employer in this ruling. In Tompkins v. Detroit Metropolitan Airport, the plaintiff suffered a slip-and-fall and later claimed back and other injuries. She sued her employer, who subsequently demanded that Tompkins provide full access to her Facebook account. Acknowledging…
I’ve been slacking, folks. Not since November have I blogged about a defendant’s motion to compel a motion to compel an individual’s social-media content. Since then, several more Pennsylvania courts have weighed in on this burgeoning area. I’m sorry to each and every one of you. I have let…
What a whirlwind 12 months it’s been for Edith Employee! Or, should I say, Edith “former” Employee? Last year, she was an employee for ABC Company. This year, she is suing ABC for sexual harassment. Among other things, Edith claims damages for physical and psychological injuries, including the inability to…
Today is Rosh Hashanah (ראש השנה), the Jewish New Year. I’m Jewish. So, I’m not taking a deposition today. And if you are involved in a case with Jewish parties or attorneys, you shouldn’t be either. However, according to this article, these plaintiff’s attorneys didn’t get the memo. So,…
Welcome back to “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”. But before I dispense with the brevity, allow me to pat myself on the back as, yesterday, both the ABA Law Journal and the Wall Street Journal…
In an employment discrimination action asserted under federal law, an employee-plaintiff may recover a reasonable attorney’s fee if the plaintiff prevails. So too may an employer-defendant recover fees if it prevails and the court determines that the plaintiff’s suit is frivolous. But what happens if an employee-plaintiff asserts multiple claims…
If, in a pending civil action, the defendant requests to Facebook “friend” the plaintiff in order to learn more about the plaintiff’s claims, must the plaintiff accept the friend request? This is precisely the issue that a PA Court of Common Pleas recently faced. So, what happened? Find out after…
Earlier this month, a Pennsylvania federal court held that plaintiffs in a contractual-dispute matter must reimburse the defendants, who prevailed on summary judgment, for all costs that the defendants incurred in the production of e-discovery. Now that’s a hammer! More on this decision and how it might apply in an…