Social Media in Litigation

In 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 Case

In 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 Discovery

In 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 Case

In 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 Holds

By 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

Forman v. Henkin, 2015 NY Slip Op 09350 (App. Div. 1st Dept. Dec. 17, 2015), decided by the First Department on December 17, 2015, represents yet another data point in an evolving body of case law assessing whether a party to litigation is entitled to the other side’s social media postings. This issue typically arises in…

Read More First Department Limits Facebook Discovery in Personal Injury Case

You may have heard that Al Sharpton’s daughter Dominique has sued the City of New York for $5 million to recover for injuries allegedly sustained in a trip-and-fall accident. Here’s her April 29, 2015 lawsuit. An article in yesterday’s NY Post noted that Ms. Sharpton “was a no-show [on Dec. 2, 2015] for the first court…

Read More Dominique Sharpton’s “No Show” in Her $5M Personal Injury Case Against the City of New York

In Spearin v. Linmar, L.P., 129 AD3d 528 (App. Div. 1st Dept. June 16, 2015), a personal injury case, the court addressed an issue that is coming up with increasing frequency: namely, the extent to which a plaintiff’s social media postings must be turned over in discovery. The court reversed a lower court decision that “ordered…

Read More Piano-Playing Plaintiff’s Facebook Posts Ordered for In-Camera Inspection

A recent case, Gonzalez v. City of New York (decided by the Supreme Court, Queens County on May 4, 2015) represents yet another example of why parties to litigation – or persons who contemplate being a party to litigation – should refrain from posting on social media anything whatsoever concerning their claims. In this personal injury case,…

Read More Court Orders In Camera Inspection of Personal Injury Plaintiff’s Social Media Postings

The law relating to the use of social media in litigation continues to evolve. A recent decision issued by the U.S. District Court for the Eastern District of New York, Caputi v. Topper Realty Corp. (decided Feb. 25, 2015), provides additional insight into how judges deal with this increasingly important issue. In Caputi, a wage-and-hour case, defendants…

Read More Court Allows Partial Access to Plaintiff’s Facebook Account