Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver — Lenz v. Universal

[Post by Venkat] Lenz. v. Universal Music Corp., Case No. C 07-03783 JF (PVT) (N.D. Cal.; Oct. 22, 2010) [pdf] The “‘Let’s Go Crazy’ Dancing Baby” takedown case yielded an interesting discovery ruling. Universal (the defendant) argued that: “[plaintiff] made…

Request for Discovery of Facebook Profile and Photos Rejected as a Fishing Expedition — McCann v. Harleysville Insurance

[Post by Venkat] McCann v. Harleysville Insurance Co. (2010 NY Slip. Op. 08181) (Nov. 12, 2010) We’ve blogged about several decisions involving disputes around the discovery of social network profiles. An appeals court in New York recently rejected a party’s…

It May be Best to Shut Down Your Facebook Account While You are on Probation — State v. Altajir

[Post by Venkat] State v. Altajir, AC 31375 (Conn. Ct. App. Sept. 14, 2010) Defendant (Altajir) was involved in an accident in 2004, and pleaded no contest to one count of operating a motor vehicle while under the influence and…

Message Board Operator Fights Discovery Order Requiring Disclosure of Identities and Private Messages — Concerned Citizens for Crystal City v. City of Crystal City

[Post by Venkat] Concerned Citizens for Crystal City, et al. v. City of Crystal City, et al., No. ED 94135 (Mo. Ct. App.; Oct. 26, 2010) In 1991, Pittsburgh Plate and Glass Company shut down a factory in Crystal City…

Court Orders Disclosure of Facebook and MySpace Passwords in Personal Injury Case — McMillen v. Hummingbird Speedway

[Post by Venkat] McMillen v. Hummingbird Speedway, Inc., et al., Case No. 113-2010 CD (Pa. Ct. of Common Pleas) (Sept. 9, 2010) There have been several recent cases dealing with discovery of social networking evidence in a civil dispute. A…

Deleted Facebook and MySpace Posts Are Discoverable–Romano v. Steelcase

By Eric Goldman, with additional comments from Venkat Romano v. Steelcase Inc., 2010 WL 3703242 (N.Y. Sup. Ct. Sept. 21, 2010). On my personal blog, I have repeatedly blogged about plaintiffs who tell one story in court only to have…

MySpace Photo and Internet Gang Roster Evidence Improperly Admitted — People v. Beckley

[Post by Venkat] People v. Beckley, Case No. B212529 (Cal. Ct. App. June 9, 2010) Two defendants were convicted of a gang-related homicide in this case. MySpace Photos: The girlfriend of one of the defendants offered an alibi that one…

West Virginia Appeals Court Grants New Trial Based in Part on Undisclosed MySpace Friendship — State v. Dellinger

[Post by Venkat] State v. Dellinger, Case No. 35273 (Va.Ct. App. June 3, 2010) Dellinger is a criminal case where the defendant was accused of channeling funds (which were intended for the purpose of hiring additional DUI-enforcement personnel) to pay…

Judge Offers to Facebook ‘Friend’ Witnesses in Order to Resolve Discovery Dispute — Barnes v. CUS Nashville

[Post by Venkat] Barnes v. CUS Nashville, LLC, (M.D. Tenn) (June 3, 2010) I mentioned Barnes v. CUS Nashville in my post about Crispin v. Audigier, a case where a court found that production of private Facebook messages and postings…

Facebook Messages/Wall Posts, Civil Discovery, and the Stored Communications Act — Crispin v. Audigier

[Post by Venkat] Crispin v. Audigier, Case No. CV 09-09509 MMM (JEMx) (May 26, 2010) With the proliferation of the use of social network profile evidence, it was only a matter of time before a court dealt with the issue…