In Kloppel v. HomeDeliveryLink, Inc., 17-CV-6296, 2020 WL 38895 (W.D.N.Y. Jan. 3, 2020) (a wage/hour case in which plaintiffs assert New York Labor Law violations and unjust enrichment), the court, inter alia, denied defendant’s motion to compel plaintiff’s social media posts.[1]This decision also addresses other issues, e.g., the discoverability of plaintiffs’ tax records; this aspect…
Read More Social Media Discovery Denied in Wage/Hour CaseIn Babbitt v. Koeppel Nissan, Inc., 2019 WL 3296984 (EDNY July 23, 2019) – an employment discrimination, sexual harassment, and retaliation case brought under Title VII of the Civil Rights Act of 1964 – the court ruled on the parties’ respective motions to compel discovery. One issue addressed by the court – which has become…
Read More Social Media Discovery Compelled (in Part) in Sexual Harassment CaseIn Doyle v. Temco Serv. Indus., Inc., 2019 NY Slip Op 03919 (App. Div. 1st Dept. May 21, 2019), the court held that defendant was entitled to discovery of plaintiff’s social media accounts – albeit not to the extent that defendant demanded. From the decision: Private social media information can be discoverable to the extent…
Read More Social Media, Passport Discovery Ordered in Personal Injury CaseIn Marfo v Castillo, No. 156442/2017, 2019 WL 1765896, 2019 N.Y. Slip Op. 31097(U) (N.Y. Sup Ct, New York County Apr. 22, 2019), a personal injury/car accident case, the court denied defendant’s motion to compel, inter alia, information regarding plaintiff’s social media accounts.[1]Full Disclosure: I appeared, in a per diem capacity, on oral argument on…
Read More Social Media Discovery Denied in Auto Accident CaseIn Caserta v Triborough Bridge and Tunnel Authority, No. 157983/2015, 2019 WL 1003772 (N.Y. Sup Ct, New York County Feb. 26, 2019), a personal injury case, the court stated and applied the general rule regarding discovery of a plaintiff’s social media postings. Here is the court’s summary of the general rule: Social media information is…
Read More Court Permits Limited Social Media Discovery in Personal Injury CaseIn Vasquez-Santos v. Mathew, 2019 NY Slip Op 00541 (App. Div. 1st Dept. Jan. 24, 2019), a car accident personal injury case, the court ruled on an increasingly-prevalent issue in litigation: the extent to which a plaintiff’s social media posts are discoverable by the other side. Plaintiff, a formerly semi-professional basketball player, sued after sustaining injuries in…
Read More Defendant Entitled to Social Media Discovery in Auto Accident CaseIn Forman v. Henkin, 2018 NY Slip Op 01015 (N.Y. Ct. App. Feb. 13, 2018), a personal injury case, the New York Court of Appeals provided guidance on how courts should evaluate discovery requests for discovery of information from litigants’ social media accounts. Judge DiFiore wrote: [C]ourts addressing disputes over the scope of social media discovery should…
Read More NY Court of Appeals Outlines Standards for Social Media DiscoveryIn Moll v. Telesector Res. Grp., Inc., No. 04-CV-0805S(SR), 2016 WL 6095792 (W.D.N.Y. Oct. 19, 2016), a sex discrimination/hostile work environment/retaliation case, the court ruled on the parties’ respective motions to compel discovery. (For more background on this case, you may wish to review the Second Circuit’s 2014 decision vacating the district court’s 2012 summary judgment…
Read More Court Rules on Social Media Discovery Request in Sexual Harassment CaseIn Thurmond v. Bowman, No. 14-CV-6465W, 2016 WL 1295957 (W.D.N.Y. Mar. 31, 2016), a Fair Housing Act case, the court discussed the discoverability of social media evidence in connection with a claim for emotional distress damages. From the decision: I disagree that the entirety of a plaintiff’s social media account is per se relevant to…
Read More Seeking Emotional Distress Damages Does Not Automatically Make Social Media Posts Relevant and Discoverable, Court HoldsBy now you’ve probably heard/read about Dr. Anjali Ramkissoon, who was caught on a now-viral YouTube video attacking an Uber driver. Reports indicate that her employer, Jackson Health System, has placed her on administrative leave. The video suggests that Dr. Ramkissoon was not working or “on the clock” during the incident. This raises the question of whether, and to what…
Read More Off-Duty Conduct and Termination