Facebook Rant Against 'Arial' Font Helps Reverse Sex Offender Determination

Facebook Rant Against ‘Arial’ Font Helps Reverse Sex Offender Determination

Another day, another workplace problem due to an off-hours Facebook rant. Doe is a convicted sex offender. He fought the Massachusetts Sex Offender Registry Board’s determination that he needed to register as a level 3 sex offender. As part of…

Social Worker’s Facebook Rant Justified Termination — Shepherd v. McGee

Shepherd v. McGee, 2013 U.S. Dist LEXIS 159432 (D. Or. Nov. 7, 2013) Plaintiff Jennifer Shepherd was a child protective services (CPS) caseworker for the Oregon Dept. of Human Services (DHS). She investigated reports of child abuse and made recommendations…

Court Upholds Doocing For Snarky Facebook Post — Rodriquez v. Wal-Mart

[Post by Venkat Balasubramani] Rodriquez v. Wal-Mart, 2013 U.S. App. 19345 (5th Cir. Sept. 19, 2013) [

Federal Court Doesn’t ‘Like” Service of Process via Facebook — Joe Hand Proms. v. Carrette

[Post by Venkat Balasubramani] Joe Hand Promotions, Inc. v. Carrette, 12-2633-CM (D. Kan. July 9, 2013) People have mused about the inevitability of service of process via Facebook, but a recent decision shows that it may not be so quick…

Emotional Distress Claim Doesn’t Support Fishing Expedition for Social Media Evidence

[Post by Venkat Balasubramani] Giacchetto v. Patchogue-Medford Union Free School Dist., 2013 U.S. Dist LEXIS 83341 CV 11-6323 (ADS)(AKT) (E.D.N.Y. May 6, 2013) This is another discovery dispute over social media content. Plaintiff was a long-time elementary school teacher and…

JDate Member Agreement Upheld–Zaltz v. JDate (Forbes Cross-Post)

By Eric Goldman Lisa Zaltz v. JDate, 2013 WL 3369073 (E.D.N.Y. July 8, 2013). Lisa Zaltz is a former member of JDate (a property of Spark Networks).  She is unhappy with JDate for a laundry list of reasons (I had a…

Tenth Circuit Kills the Initial Interest Confusion Doctrine–1-800 Contacts v. Lens.com

By Eric Goldman 1-800 Contacts, Inc. v. Lens.com, Inc., 2013 WL 3665627 (10th Cir. July 16, 2013) Here are some things I hate: * duplicitous litigants, such as plaintiffs who buy competitive keyword advertising yet sue competitors for doing the…

Employee Can’t Be Fired When His Login Credentials Are Used on Shared Computer to Access Porn — DOH v. Litten

[Post by Venkat Balasubramani] West Virginia Department of Transportation v. Litten, 2013 WL 2662712 (W. Va. Ct. App. June 5, 2013) [pdf] Litten worked as a mechanic for the West Virginia Dept of Highway. He was fired for accessing porn…

After “Bellwether Trial,” Court Says Malibu Media Isn’t Copyright Troll – Malibu Media v. Does

[Post by Venkat Balasubramani] Malibu Media v. Does, 12-2078 (E.D. Pa. June 18, 2013) [pdf] In a somewhat bizarre ruling, a district judge in Pennsylvania held, following a “bellwether trial” that Malibu Media was not a “copyright toll.” In a…

No New Trials When Jurors Haven’t Adequately Disclosed Facebook Friendships

[Post by Venkat Balasubramani] Three recent cases all raise the same issue: does an undisclosed Facebook relationship between a juror and someone involved in the case warrant a new trial. In several recent cases, the answer was: no. McGaha v….