Pennsylvania Court Orders Personal Injury Plaintiff to Turn Over Facebook Password to Defendant — Largent v. Reed
[Post by Venkat Balasubramani] Largent v. Reed, 2009-1823 (Pa. Ct. of Common Pleas; Nov. 8, 2011) Keith and Jessica Largent were involved in an accident in 2007. They sued Jessica Rosko and Sagrario Pena alleging negligence and loss of consortium….
Insurance Company’s Request to Compel Production of Facebook Password Fails (with Costs)–Chauvin v. State Farm Mutual
[Post by Venkat Balasubramani with a comment from Eric] Chauvin v. State Farm Mutual, 10-cv-11735 (S.D. Mich. June 21, 2011) (order affirming magistrate’s ruling) Plaintiff suffered an auto accident and sought to recover attendant care benefits under Michigan’s no-fault statute….
Q3 2011 Quick Links, Part 4
By Eric Goldman Content Regulation * Lawmakers are putting the squeeze on advertisers to be content police. Meanwhile, VeriSign begged for the right to act as content police before changing its mind. * Kowalski v. Koster, 2011 WL 4349365 (W.D….
Ca. Court of Appeal Vacates $100,000 Non-Party Discovery Sanction Against Facebook — In re J.G.
[Post by Venkat Balasubramani] In re J.G., A128898; A129157 (Ca Ct. App.; Sept. 30, 2011) Background: This involved a juvenile proceeding where J.G., a minor, was charged with the offenses of forcible sexual penetration and false imprisonment. During the proceedings,…
Facebook’s Trademark Suit Against Teachbook Survives Motion to Dismiss
by Eric Goldman Facebook, Inc. v. Teachbook.com LLC, 2011 WL 4449686 (N.D. Ill. Sept. 26, 2011). Facebook has been helping many lawyers send their kids to private school with an expensive enforcement campaign to control the prefix “face” and suffix…
Pennsylvania Appeals Courts Says no to Circumstantial Authentication of Text Messages — State v. Koch
[Post by Venkat Balasubramani] State v. Koch, 2011 PA Super 201 (Sept. 16, 2011) Courts continue to struggle with the authentication of electronic communications. Although several courts have opined that the rules of authentication are not upended by new technologies…
Consumer Reviews at “Local” Review Sites Don’t Support Jurisdiction–Wilkerson v. RSL
By Eric Goldman Wilkerson v. RSL Funding, LLC, 2011 WL 3516147 (Tex. App. Ct. Aug. 11, 2011) It doesn’t bring me a lot of joy to blog another Internet jurisdiction case, but the dispute’s substantive issues are important enough to…
Connecticut Court of Appeals Tackles Authentication of Facebook Messages — State v. Eleck
[Post by Venkat Balasubramani] State v. Eleck, (AC 31581 (Conn. Ct. App. Aug 9, 2011) There have been several recent cases that deal with the authentication of social networking evidence. The Connecticut Court of Appeals recently tackled the issue of…
P2P Swarm Defendants Can’t Be Joined in the Same Lawsuit — Pac. Century Int’l Ltd. v. Does
[Post by Venkat Balasubramani] Pacific Century International Ltd. v. Does, C-11-02533 (DMR) (N.D. Cal. July 8, 2011) There have been a slew of recent procedural rulings in mass copyright cases, with plaintiffs mostly getting smacked down by courts. Plaintiffs have…
Court Orders Plaintiff to Turn Over Facebook and MySpace Passwords in Discovery Dispute — Zimmerman v. Weis Markets, Inc.
[Post by Venkat Balasubramani] Zimmerman v. Weis Markets, Inc., CV-09-1535 (Pa. Ct. Common Pleas; May 19, 2011) Courts continue to struggle with the discoverability of social network evidence in civil cases and the logisictal problems posed by these discovery disputes….