Under what circumstances is a defendant involved in litigation allowed access to information from a plaintiff’s social media sites? In an entry on Jackson Lewis’ E-Discovery Law Today blog, shareholder Michael A. Frankel discusses a recent case that dealt with the issue.
Frankel observed that in Pecile v. Titan Capital Group, a New York state appellate court denied defendants’ request to access plaintiff’s social media despite assertions the information could contradict the claim of emotional distress because defendants didn’t offer “a proper basis for the disclosure.” He said the holding is consistent with prior court rulings: a plaintiff’s mere possession of a social media account, by itself, is insufficient to order production.
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