The Zimmerman case, meanwhile, has been settled.
"I don't know that anyone's tried to certify it for interlocutory appeal," Geduldig added. "If you know of any, let me know."
Geduldig said in his experience "the call is the call," referring to Facebook discovery, and parties tend not to fight it further than their motions on that point. Appealed more often, Geduldig said, are evidentiary and admissibility issues that come up during trial.
"It's a shame, because there are cases all over the place right now," Geduldig said.
Not every lawyer interviewed forecast doubt on the chances the Superior Court would weigh in soon.
King of Prussia attorney Francis X. Clark, who represented the plaintiff in Gallagher v. Urbanovich, said the issue will "continue to surface" and in the case where it has an outcome on liability, it very well could go on up.
In Gallagher, it was the plaintiff, Nicholas Gallagher, who moved for discovery, aiming to investigate the Facebook page of a man who allegedly sucker-punched him during a work-sponsored soccer game.
A Montgomery County judge granted Gallagher's motion, further ordering the alleged attacker to not delete or otherwise erase any information on his Facebook account.
Matthew A. Urbanovich, the defendant, was forced to hand over his Facebook username, email address and password within 20 days of the court's February 27 order, triggering a seven-day window in which the plaintiff could dig around on Urbanovich's profile. Gallagher also sued J.G. Wentworth, Urbanovich's employer.
Reached last week for comment, Clark said the case has since settled, ?but added that the resolution had nothing do with Facebook.
Subscribe to The Legal Intelligencer













