Articles and Speeches
Discovery of Social Networks: Getting It, Getting the Most out of It,
and Getting It into Evidence
June 14, 2010
Stephen M. Brooks
, Matthew E. Brown
Reprinted with permission from the July 9, 2010 edition of DRI's The Voice.
You are working on a case in which the plaintiff is alleging that your client's product caused development of a severe and permanent neurological disability from manganese poisoning. As a defense lawyer, you need evidence that is going to show the judge and jury that the claim is bogus. Would pictures of the plaintiff racing motor boats help? This is exactly what happened in In re: Welding Fume Prods. Liab. Litig., Ernest Ray v. Lincoln Elec., No. 1:04-cv-18252, MDL 1535, No. 03-17000, (N.D. Ohio), and shortly after the defendants found the pictures, the plaintiff's claims were dismissed. These pictures came to light only because the defendants found them on plaintiff's Facebook page.
