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…
By now, hopefully, you’ve read my post “How Facebook Can Make Or Break Your Case.” I wrote it primarily for my fellow members of the defense bar. So, if you haven’t yet read it, and you generally represent employers, shame on you! Stop reading this and go read it now.…
I love the last week of the year. Most people take vacation. Not me. When work is slow, I like to be in the office. It’s when the office gets crazy that I take my vacation, because I know there is always someone else around to shoulder the burden. I’m…