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Is Facebook Information Discoverable in Litigation?

Posted by attorney Christina Haring-Larson

Ever wonder if your information on Facebook can really be discovered by the other side in litigation? The answer is yes, provided the information is relevant to the case. See Patterson v. Turner Constr. Co., 88 A.D. 3d 617 (2011) (relevant postings were not shielded from discovery because plaintiff used service's privacy settings). An adverse inference instruction to the jury is also appropriate where someone deletes the Facebook account. Gatto v. United Air Lines (D. N.J. March 25, 2013). Although Washington courts have yet to weigh in, it seems likely they will follow suit.

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