Social Media in Litigation

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

A recent Third Department decision, In the Matter of Sullivan v. Brookville Center for Children’s Services, affirmed a decision to award unemployment benefits to an employee who was terminated due to alleged disqualifying conduct, namely, posting on using social media during work hours. The court held: The question of whether a claimant engaged in actions…

Read More Violation of Company’s Social Media Policy Did Not Disqualify Worker From Receiving Unemployment Benefits

Here and below is the complaint filed in Brooklyn federal court on September 15, 2014 against a Queens and Long Island medical practice known as DocCare and its CEO Alan Bigman. Here’s the New York Post article on the lawsuit. Plaintiff, who worked for defendants as a medical assistant, alleges that defendant failed to pay plaintiff for…

Read More Plaintiff Sues for Wage/Overtime Violations After Being Fired, Ostensibly Because of Instagram Smoking Photo

Bullying is bad, but free speech is important. That’s the (extremely simplified) gist of People v. Marquan M., a Court of Appeals Decision dated July 1, 2014. The court, in an opinion authored by Judge Graffeo, held that an Albany Law aimed at prohibiting “cyberbullying” was unconstitutional. The facts, according to the court: [Defendant], a student…

Read More NY Court of Appeals Strikes Down Albany’s “Cyberbullying” Law

In Del Gallo v. City of New York (decided June 17, 2014), a tragic personal injury case arising from death and injuries sustained from a falling Central Park tree branch (complaint here), the court ruled on plaintiffs’ motion for a protective order (under CPLR 3103) regarding certain discovery requests made by defendants. While the court discussed various items sought…

Read More Court Orders Limited Access to Plaintiff’s LinkedIn Account in Personal Injury Case

In a recent decision in the wrongful death case of Reid v. Soults et al. (hat tip: Eric Turkewitz), a state trial court denied defendants’ motion to compel plaintiff to comply with their demand for discovery and inspection regarding a YouTube video depicting the decedent, and to compel a third party (the decedent’s brother, who publicly posted the…

Read More Court Determines YouTube Video of Decedent is Not Relevant in Wrongful Death Case

In Pecile v. Titan Capital Group, the Appellate Division, First Department, ruled on a number of discovery issues relating to, among other issues, plaintiffs’ social media postings. The case made headlines a few years back (e.g., here, here, and here) due to its racy allegations that financier Russell Abrams forced his assistant, plaintiff Danielle Pecile, to get prints of honeymoon…

Read More Court Rules on Discovery Issues in “Topless Wife Photo” Sexual Harassment Case Against Titan Capital and Russell Abrams

Governor Cuomo recently signed a bill (A6554) that amends New York’s protective order statute, CPLR § 3103(a), to permit non-parties to object to discovery. According to the bill’s accompanying memorandum: This measure would amend CPLR § 3103(a) to expand the delineated persons who may seek the remedy of a protective order in regard to the use of discovery…

Read More New Bill Authorizes Non-Parties to Object to Discovery