Despite recent reports that Facebook may be losing users in the United States, it remains an epic phenomenon. According to "Why Facebook Is Losing U.S. Users," a June 14 article on PCMag.com, the consensus is that Facebook has around 150 million users in the United States -- about half of the country's population.
Facebook, and other social media sites such as MySpace and Twitter, allow users to express themselves and share information. In personal injury and employment suits, disclosure of plaintiffs' personal information can impact the litigation dramatically. Not surprisingly, plaintiffs' privacy rights are colliding with the broad parameters of discovery on what I call the Facebook frontier.
On May 19, Judge Charles H. Saylor of the Court of Common Pleas of Northumberland County, Pa., issued a thorough opinion analyzing the Facebook frontier. According to that opinion, the plaintiff in Zimmerman v. Weis Markets Inc. sought damages for a workplace accident that left him with a scarred leg. He testified in his deposition that he was embarrassed by the scar, would not wear shorts, and had diminished enjoyment of life.
Defense counsel reviewed the public portions of Zimmerman's Facebook and MySpace pages and found photos of him wearing shorts and going about normal activities. Defense counsel sought access to the nonpublic portions of the Facebook and MySpace pages, and Zimmerman opposed the discovery based on his privacy interests.
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Source: law.com
By: Vianei Lopez Robinson
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