Do you remember the reason I gave you yesterday, when I blogged about why you cannot delete social media posts or accounts once you anticipate you will be in a lawsuit? (see Do Not Delete Relevant Social Media Accounts or Posts During Lawsuits > Spoliation of Evidence) That’s right, because “the law has a right to…
Tag: spoliation
Do Not Delete Relevant Social Media Accounts or Posts During Lawsuits > Spoliation of Evidence
“The law has a right to every man’s evidence.” The old saying means that when you are in possession of something that could be used as evidence, and you anticipate that you are going to be involved in a lawsuit that may have even a tangential relationship to that evidence, you have a duty to preserve…
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Deactivating Your Facebook While in Litigation May Be Destruction of Evidence
TAKEAWAY: Deactivating your Facebook account while in litigation may be destroying evidence that could be sanctioned by the court for spoliation of evidence. In Gatto v. United Air Lines, Inc., et al., 2:10-cv-01090 (D. NJ Mar. 25, 2013), the district court entered an order finding that the Defendants would be entitled to an instruction at trial…
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