Another Federal Court Rejects Service of Process via Facebook – Joe Hand Promotions v. Shepard
[Post by Venkat Balasubramani] Joe Hand Promotions v. Shepard, 4:12cv1728 SNLJ (E.D. Miss. Aug. 12, 2013) Earlier this month, I blogged about a federal court’s rejection of service of process via Facebook. (See “Federal Court Doesn’t ‘Like” Service of Process…
Employee’s Privacy Claim Based on Allegedly Improper Access to Facebook Post Fails — Ehling v. Monmouth-Ocean Hosp.
[Post by Venkat Balasubramani] Ehling v. Monmouth-Ocean Hosp. Service Corp., 2013 WL 4436539 (D.N.J. Aug. 20, 2013). We previously blogged about a case where the court declined to dismiss claims brought against an employer for accessing one employee’s Facebook posts…
Another Judge Declines to Dismiss Claims Against Apple over App Privacy Practices — Pirozzi v. Apple
[Post by Venkat Balasubramani] Pirozzi v. Apple, Inc., 12-cv-01529-JST (N.D. Cal. Aug. 3, 2013) This is a lawsuit alleging that Apple allowed its app developers to improperly collect the personal information of users. The court previously granted Apple’s request to…
Another Spam Litigation Factory Unravels –- Beyond Systems v. Kraft
[Post by Venkat Balasubramani] Beyond Systems, Inc. v. Kraft Foods, Inc., PJM 08-409 (D.Md. Aug. 12, 2013). We keep blogging significant spam cases, but in recent years we’ve noted the decrease in spam litigation (perhaps owing to a shift in…
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…
Facebook Posting That Someone Has Herpes Is Criminal Harassment–Pennsylvania v. Cox
[Post by Venkat Balasubramani with a comment by Eric] Commonwealth v. Cox, 2013 PA Super 221 (Aug 2, 2013) [pdf] What is wrong with people? What were you thinking here, Commonwealth of Pennsylvania? Lindsey Marie Cox (age 18) posted the…
Breach of Data Retention Policy Doesn’t Create Actionable Injury – Burton v. Time Warner (Catch-up Post)
[Post by Venkat Balasubramani] Burton v. Time Warner Cable Inc., 12-06764 JGB (AJWx) (C.D. Cal. March 20, 2013) [Note: this is a catch up post that fell by the wayside, but I thought it was interesting in its recap of…
University May Be Liable for Improper Access to Student’s Facebook Photos – Rodriguez v. Widener Univ.
[Post by Venkat Balasubramani] Rodriguez v. Widener Univ., 12-1226, (E.D. Pa. June 17, 2013) Rodriguez was enrolled at Widener under the G.I. Bill, and was earning above-average grades. He had some friction with his advisor over their respective views of…
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…