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(c) 2014 Jon L Gelman, All Rights Reserved.

Thursday, August 15, 2013

Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request

Social media accounts are evidential to determine the credibility of the a party in a workers' compensation claim. Take it one step further and they can also be a factor in determining deviation from employment. Today's post was shared by WCBlog and comes from p.ost.im

Social media accounts, typically Facebook, are currently a hot-button issue for plaintiff ESI production in civil litigation. Most courts (but not all!) require a threshold showing that the public account has relevant information that would lead to discoverable evidence before requiring a plaintiff to produce private portions of the account.

In an order dated July 19, 2013 in the case of Jewell v. Aaron’s, Inc., Civil No. 1:12-CV-0563-AT (N.D.Ga. 2013), 87 opt-in plaintiffs are suing their employer for, among other claims, not allowing certain lunch breaks as required by law. The defendants sought, among their discovery requests:
“All documents, statements or any activity available that you posted on any internet Web site or Web page, including, but not limited to, Facebook, MySpace, LinkedIn, Twitter, or a blog from 2009 to the present during your work hours at Aaron’s store.”



The defendant justified this request by contending that some of these posts would show that the employees were, in fact, taking a lunch break during the day. Plaintiff trial attorneys objected to the request as overboard and unduly burdensome. The court investigated the burden of downloading the requested Facebook status updated, and noted that Facebook has a feature that allows users to download the electronic data, including timeline information, wall postings, activity log, messages and photographs in a single document.

However, the court ultimately held that the defendant...
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Read more about "social media" and workers' compensation:
Apr 14, 2011
Social networking has become a popular topic within the workers' comp community. In this edition of Workers' Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Jon L. Gelman, to take a look a social networking ...
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Social media accounts are evidential to determine the credibility of the a party in a workers' compensation claim. Take it one step further and they can also be a factor in determining deviation from employment. Today's post ...
Jul 02, 2012
Using Social Media to Expand Your Workers' Compensation Practice: Featured Topic at AAJ Annual Convention. The Workers' Compensation and Workplace Injury Section, invites you to the 2012 AAJ (American Association ...
Dec 03, 2012
Recently, it seems as though everyone is connected through social networking sites such as Facebook and Twitter. These tools have become a great way to keep in touch with friends and family scattered all over the world.