X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Mark A. Berman

Social media evidence is not only about using it in a personal injury action to impeach the injured party’s testimony as to what caused the accident or his or injuries; it can be used by defendants against the “poster” in many other types of litigations. As the recent decisions discussed below make clear, counsel simply needs to be creative and “think outside of the box” as to how to effectively utilize social media. Social media is also frequently the basis for defamation claims, and where public posts go too far, as in Carey v. Ripp, 2018 NYLJ LEXIS 2405 (Sup. Ct. Nassau Co. July 16, 2018), a court may order the destruction, deletion and/or removal of defamatory information in defendant’s possession, custody and control, including posts on defendant’s Facebook page.

Lean Adviser Legal

Think Lean Daily Message

"Nothing gets the hungry lawyer s juices flowing like a big new project, but the temptation to dive in and start lawyering must be resisted. Planning comes before execution. And it is incumbent on the lawyer, not the client, to initiate that planning."

Learn More

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.