Practice point: Plaintiff's mere possession and
use of a Facebook account is not enough to compel plaintiff
to provide access to the account or to have the court conduct an in camera
inspection of the use of the account..
Student note: To warrant discovery, defendants must establish a factual
predicate by identifying relevant information in the account, such as something that contradicts or conflicts with
plaintiff's alleged restrictions, disabilities, and losses.
Defendants' argument that plaintiff's Facebook postings may reveal daily
activities that contradict or conflict with the disability claim is nothing more than a request for permission to conduct a fishing expedition.
Case: Tapp v. New York State
Urban Dev. Corp., NY Slip Op 00547 (1st Dept.
2013).
Here is the decision.
Tomorrow’s issue: Attorney deceit.
