Posts Tagged ‘ Facebook ’
Watch Your P’s and Q’s on Facebook and Twitter
March 16th, 2010. By janem
If you have a potential personal injury suit, the first thing a lawyer will tell you is to “Keep your mouth shut”. They should also add -and many already do– “Stay off Facebook, Twitter, and any other social networking sites, including your own blog.”
Not only are more people than ever turning to Internet sources for news, a recent study from the Pew Internet and American Life Project show that, of people who do get their news online, 75 percent of them have links sent via email or social media. And that percentage includes private investigators, insurers, defense lawyers and judges.
Insurance companies see social media as a monitor or search for information about claimants. They are looking for information a claimant has posted regarding an accident, such as how it happened, who caused it, or even the claimant saying it was their fault.
They also look for information which might contradict what the injured person says about their injury.
Here are a few examples:
- In Ontario a woman who claimed she was disabled had Facebook photos of her dancing. The judge allowed the photos to be admitted as evidence in her personal injury case.
- A Florida woman claimed a back injury and couldn’t work. She went on a cruise with friends and they videotaped her whooping it up, including a videotape of her doing the limbo. The insurance company had been on her Facebook site, downloaded the video and was ready to show it to the jury. The case didn’t turn out to her liking.
- A Supreme Court judge ordered the production of records showing how often a plaintiff claiming a brain injury uses Facebook.
- In a Twitter libel case, you would need to choose 140 characters-at the most–very, very carefully. The promoters of “the Cookie Diet” allegedly claimed that celebutant Kim Kardashian is a fan But Kardashian disdainfully tweeted she would never be on such an “unhealthy diet.” The Cookies filed a defamation case against Kardashian.
And insurance companies look for general information to profile what kind of a person you are. So if you have photos posted on FaceBook or MySpace in a bar or doing something arguably illegal, judgment evidence will be made against you–more negative fodder that a jury might frown on. Value judgments will be made about you–and even a lawyer you hire might decide not to take your case.
It has long been established that electronic documents can be relevant. In one Ontario case, a judge scolded the insurer’s lawyer for failing to ask the plaintiff to produce her Facebook page as part of a sworn affidavit, or to bring up Facebook in cross-examination. In another case, a judge ordered up the release of Facebook. So now some lawyers are demanding Facebook photos in every suit.
Typically, courts in civil cases can only demand private Facebook pages, or a twitter here and there if the material is directly related to the case. But just to be on the safe side, take Everything Down! Especially photographs and videos. The e-trail doesn’t stop there so be diligent: it’s also important that all your online friends purge you from their accounts. If a photo is tagged by someone else, it is still accessible by searching. And strengthen your privacy settings. It’s BIG BROTHER on the Social Media Highway!
A Facebook Lawsuit in Miami
February 22nd, 2010. By Hunter West
Okay, so here’s the deal. A high school student—an honors student, no less—is at odds with her teacher. They just didn’t seem to get along. They clashed over assignments. It happens. But the student had to vent. So Katherine Evans created a Facebook page titled ‘Ms. Sarah Phelps in the worst teacher I’ve ever had,’ and invited current and former students of the maligned instructor to post their own comments.
Some were in support of the student. Others were in support of the teacher. With Facebook, you get what you get. The student did not control the content beyond setting the page up in the first place, and after a few days she took it down.
For all of that, the honors student was suspended from school for three days, accused of cyber-bullying.
Bullying?
Or free speech?
That’s the question. And now it’s the basis for a lawsuit, brought by Evans.
Katherine Evans is now 19 and a sophomore at the University of Florida. Beyond seeking a “nominal
Week Adjourned: 11.20.09
November 20th, 2009. By LucyC
Hey—is it Revenge of the Geek week?
Top Class Actions
Microsoft Boxing Out Gamers? Microsoft got hit with a possible class action this week, over allegations that it unfairly banned Xbox Live Service from subscribers with modified Xbox consoles.
The issues relate to modifications made to Xbox consoles by tens of thousands of Xbox owners, which are against the terms of use for Xbox/Xbox Live, and Microsoft’s decision to ban those consoles. The lawsuit—which is now seeking lead plaintiffs—alleges that the timing of the ban was designed to avoid revenue losses that would have resulted had Microsoft implemented the ban prior to the release of the blockbuster Call of Duty: Modern Warfare 2 game, or less than two months after the release of Halo 3: ODST.
The class action includes anyone who has had their Xbox console modified and banned from Xbox Live, and did not receive a refund for the prorated time left on the Xbox Live subscription.
YoCash is OurCash Now? Facebook and Zynga are also facing a class action, alleging that they
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