Posts Tagged ‘ Twitter ’

Watch Your P’s and Q’s on Facebook and Twitter

March 16th, 2010. By janem

face Watch Your Ps and Qs on Facebook and Twitter 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!

Tags: Facebook, personal injury litigation, Twitter
Posted in Personal Injury | No Comments »

Baseball Lawsuit Round-up

July 8th, 2009. By AbiK

baseball Baseball Lawsuit Round up I have this image of a dad who takes his son to his first ballgame. The dad starts going over the finer points of the game. He’s riled up passion—a passion he wants his son to share, of course. Then, he turns to look his son directly in the eye, and taking on a more serious tone he says,

“and son, if anyone pisses you off at the game, you take ‘em to court.”

Welcome to baseball American-style 2009. With that, here’s a little scorecard on the season’s lawsuits so far…

Winner: Alfred G. Rava

Loser: Cause Marketing and Good Intent

We’ve blogged about this one earlier, but to recall, Alfred G. Rava—a lawyer—was fairly miffed that, as a man, he was not given a floppy hat giveaway at an Oakland A’s game back in ‘04. The floppy hats (comped by Macy’s) were part of a Mother’s Day promotion that also supported Breast Cancer awareness. Kind of a girly-day theme—with an important message. But Rava must’ve been in touch with his feminine side that day, and well, he got mad when that wasn’t obvious to the folks doling out the hats. So he sued. Sexual discrimination. And he won. The settlement was reportedly $510,000. Next up at bat…

Read the rest of this entry »

Tags: Alfred Rava, Baseball, Twitter
Posted in Emerging Issues | No Comments »

Posts Tagged ‘ Twitter ’

Watch Your P’s and Q’s on Facebook and Twitter

March 16th, 2010. By janem

Baseball Lawsuit Round-up

July 8th, 2009. By AbiK

“and son, if anyone pisses you off at the game, you take ‘em to court.”

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