Discovery of Social Media

In 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 Case

Here is yet another reason why accident victims should refrain from using social media after they are in an accident. In Smith v. Brown, 2018 NY Slip Op 28299 (Sup. Ct. Bx. Cty. Sept. 27, 2018), a personal injury case involving a motor vehicle accident, the court held that plaintiff was required to respond to requests…

Read More Car Accident Plaintiff Must Respond to Requests for Admission Regarding Instagram “Selfies,” Court Rules

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 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

In Bright v. Coca Cola, 12-cv-234 (EDNY Nov. 3, 2014), an employment discrimination case, the Eastern District of New York granted summary judgment in defendant’s favor. Judge Cogan’s decision is instructive regarding the use of depositions in employment litigation. For non-lawyers/litigators, a “deposition” is (briefly and generally speaking) a witness’s out-of-court testimony that is reduced to…

Read More “Have You Identified All Facts Supporting Your Claims?”

In Jackson v. OpenCommunications Omnimedia, LLC, the New York State Supreme Court ordered defendants to produce “all documents and notes related to an internal investigation conducted … in connection with the Plaintiff’s complaints of sexual harassment and discrimination.” Defendants resisted production on the ground of privilege. Citing the liberal discovery principles embodied in CPLR 3101, the court granted…

Read More Court Orders Production of Materials Relating to Internal Sexual Harassment Investigation

In Dominicci v. Ford, a rear-end motor vehicle accident case decided July 3, 2014, the Fourth Department affirmed the denial of State Farm Automobile Insurance Company’s motion to quash plaintiff’s subpoena for documents. State Farm retained a physician to conduct an “independent medical examination”, or “IME”, of the plaintiff on behalf of defendant. Plaintiff then…

Read More Car Accident Plaintiff Entitled to Documents to Show Bias, Motive, or Interest of Insurance Company-Retained Examining Physician, Fourth Department Holds

In Pecile v. Titan Capital Group, LLC, 2014 NY Slip Op 05053, 119 A.D.3d 446 (App. Div. 1st Dept. July 3, 2014), the Appellate Division, First Department held that the plaintiffs in this sexual harassment lawsuit[1]Redacted. are entitled to production of (1) all documents concerning complaints of sexual harassment and/or retaliation, whether internal or external, made…

Read More Sexual Harassment Plaintiffs Entitled to Discovery Regarding Harassment Complaints, First Dept. Holds

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 Alford v. City of New York, the Appellate Division, First Department unanimously affirmed a trial court’s refusal to allow defendants to obtain or use plaintiff’s medical records relating to prior substance abuse and mental health treatment. Plaintiff sued to recover for back and knee injuries, as well as post-traumatic stress disorder and mental and psychological injuries, allegedly…

Read More Mental Health and Substance Abuse Records Properly Precluded Following Withdrawal of PTSD/Mental Injury Injury Claims in Elevator Accident Case