Court Orders Production of Five Years’ Worth of Facebook and MySpace Posts – Thompson v. Autoliv
[Post by Venkat Balasubramani] Thompson v. Autoliv ASP, Inc., et al., 09-cv-01375-PMP-VCF (D. Nev.; June 20, 2012) Another discovery dispute over social networking evidence. Thompson was involved in an automobile accident and suffered serious injuries. She asserted that she suffered…
H1 2012 Quick Links, Part 3 (Advertising & Privacy)
By Eric Goldman Advertising * Gomez-Jimenez v. New York Law School: False advertising lawsuit against NYLS dismissed. Rebecca’s coverage. * Marketing Land: Pew Survey: 68% View Targeted Ads Negatively; 59% Have Noticed Targeting. Partially related: Search Engine Land: Pew Report:…
The “I Didn’t Understand Facebook’s Privacy Settings” Argument Isn’t Persuasive to Judges–Sumien v. CareFlite
By Eric Goldman Sumien v. CareFlite, 2012 WL 2579525 (Tex. App. Ct. July 5, 2012). Appellate court docket. Sumien and Roberts were CareFlite EMTs. Roberts posted on a third employee’s Facebook wall how she wanted to slap a patient. Responding…
Men’s Journal Beats Lawsuit Alleging Violation of California’s “Shine the Light” Privacy Statute — Boorstein v. Men’s Journal
[Post by Venkat Balasubramani with comments from Eric] Boorstein v. Men’s Journal LLC, 12-771 DSF (Ex) (C.D. Cal.; June 14, 2012) California’s Shine the Light (STL) statute is a little unusual in that it mandates that businesses make specific disclosures…
Judge Koh Whittles Down iPhone App Privacy Lawsuit – In re iPhone Application Litig.
[Post by Venkat Balasubramani] In re iPhone Application Litig., 11-MD-02250-LHK (N.D. Cal.; June 12, 2012) Plaintiffs brought a putative class action against Apple and several “mobile industry defendants.” The basic allegations are that apps available for free in the app…
Mortuary Student Can Be Disciplined for Facebook Posts–Tatro v. University of Minnesota
By Eric Goldman Tatro v. University of Minnesota, 2012 WL 2328002 (Minn. June 20, 2012). My prior blog post on the appellate court ruling in this case. This is one of the many lawsuits over a school disciplining a student…
State Privacy Claims not Preempted by ECPA — Leong v. Carrier IQ
[Post by Venkat Balasubramani] Leong v. Carrier IQ et al., CV 12-01562 GAF (NRWx) (C.D. Cal.; Apr. 27, 2012) This case addresses the issue of whether claims under state privacy statutes are preempted by ECPA, the federal statute governing the…
Court Orders Facebooking Juror to Disclose Additional Facebook Posts–Juror No. 1 v. Superior Court
[Post by Venkat Balasubramani] Juror Number One v. Superior Court, C067309 (Ca Ct. App.; May 31, 2012) A California Appeals Court ruled that although a juror’s Facebook posts were covered by the Stored Communications Act, the juror can be compelled…
Plaintiffs Squeak Past Motion to Dismiss in Amazon P3P Case – Del Vecchio v. Amazon
[Post by Venkat Balasubramani with comments from Eric] Del Vecchio v. Amazon.com, 2012 WL 1997697 (W.D. Wash.; June 1, 2012) I previously posted on Del Vecchio v. Amazon, a case that challenged Amazon’s alleged failure to respect the P3P protocol….
Accessing an Employee’s Facebook Posts by “Shoulder Surfing” a Coworker’s Page States Privacy Claim — Ehling v. Monmouth Ocean Hosp.
[Post by Venkat Balasubramani] Ehling v. Monmouth Ocean Hospital Service Cop., 11-cv-3305 (WJM) (D.N.J.; May 30, 2012) The extent to which employers demand social media credentials of their current and prospective employees is unclear, but employers do get in trouble…