Discoverability of Social Media from the Plaintiff's Perspective

Martínez-Cid, Ricardo M.
September 2011
TortSource;Fall2011, Vol. 14 Issue 1, p3
The article examines the discoverability of the information posted by users on social networking sites (SNS) in the pretrial stages of U.S. civil suits. It discusses the inherent public nature of SNS and warns that users' postings, photos, and messages will most likely be discoverable, particularly if a defendant can show that the SNS material is relevant to a plaintiff's claims. It also highlights some courts' determination that the discoverability of SNS material should be narrow.


Related Articles

  • Message from the Editors. Johnson, David L.; Boyer, Peter J.; Barrios, Gerardo R. // Business Torts Journal;Summer2011, Vol. 18 Issue 3, p3 

    An introduction to the journal is presented in which the editor discusses various reports published within the issue including topics on the expansion of social networking site usage and its influence on litigation results in the U.S., prosecuting and defending cyber-torts claims, and how to...

  • "WHAT HAPPENED?": CONFRONTING CONFRONTATION IN THE WAKE OF BULLCOMING, BRYANT, AND CRAWFORD. Waldrip, Dibrell "Dib"; Berkeley, Sara M. // St. Mary's Law Journal;2011, Vol. 43 Issue 1, p1 

    The article focuses on the issues emerging during the legal proceedings due to courts applying U.S. Supreme Court's standards with regard to a defendant's right to confrontation. It reviews the case Crawford v. Washington and reflects on Supreme Courts decision related confrontation clause of...

  • Another Confession Problem: Unjoining the Joint Trial.  // Time;12/24/1965, Vol. 86 Issue 26, p37 

    The article discusses several court cases which prompted the court to address the issue of how confessions should be handled in joint trials which include the Delli Paoli v. U.S. It states that when a crime involves multiple defendants, most prosecutors aim to try them together however, this set...

  • Damages Experts Lose the Daubert Battle in Deposition.  // Business Valuation Update;Dec2009, Vol. 15 Issue 12, p18 

    The article discusses a court case wherein the plaintiff which served as the sole distributor of Pepsi Cola in Peru asserted that the company missed to stop the third-parties to be involved in the transshipments. It mentions that the defendant determined that the trial experts failed to conform...

  • 'Preponderance of the Evidence' Standard for Proving Staged Accident. Rogak, Lawrence N. // Insurance Advocate;5/22/2006, Vol. 117 Issue 11, p11 

    The article focuses on the suit filed by State Farm Special Investigation Unit against State Farm, which shows the preponderance of the evidence as a standard for proving a staged accident. The claims of the plaintiff was allegedly denied by defendant State Farm on the basis that the alleged...

  • Tweet you in court.  // Lawyer (Online Edition);1/16/2012, p3 

    The author comments on the new guidance in Great Britain allowing representatives of the media or legal commentators to use textbased devices to communicate from court, primarily in the event that they should wish to Tweet proceedings. The guidance appears to have been written mainly with...

  • Sentencing in the Context of Public Disorder. Roebuck, James // Journal of Criminal Law;Feb2012, Vol. 76 Issue 1, p15 

    The article presents information on court cases connected to the riots and disturbances in London, England and other locations in the summer of 2011 with reference to the court case R v. Blackshaw. In the case, the appellant Blackshaw was charged with one offence contrary to s. 46 of the Serious...

  • Life at the bar: Taking on senior counsel. Tandy, Rachel // Lawyer 2B;12/18/2013, p2 

    The article presents the author's views on how lawyers can take on more experienced lawyers in a legal battle. He talks about looking at online or social networking profiles of lawyers to get information about them. He suggests that one should not get intimidated in front of a senior counsel,...

  • Social media and the law.  // New Statesman;1/31/2011, Vol. 140 Issue 5038, p12 

    The article offers five instances in which social media was involved with the law, including a trial over a post on online social network Facebook mocking the Palestinian president, a judge allowing the use of social network Twitter during a bail hearing, and a conviction for menace upheld in a...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics