Social media has become one part of the life of millions of Americans. We see Facebook, Twitter, Instagram pages everywhere. But, how will that work in court? How does a lawyer or person use that sort of evidence in court? With photos, a witness can testify about who took the picture and where the picture
What happens when an employer obtains access to your Facebook page? In Galvez v. City of Katy, No. No. H-18-4221, 2019 US Dist LEXIS 20634 (S.D. Tex. 2/8/2019), we see an employer who accessed Maria Galvez’ Facebok page while she was out on leave. The City had access to her page, because Ms. Galvez
Defamation is that cause of action many people consider, but which is very difficult to prosecute. To show defamation, you have to show what the other person was thinking. You have to show a bad intent. In Hawbecker v. Hall, No. SA-14-CV-1010 (W.D. Tex.), the plaintiff did show defamation. It was a strange case.
Racial divisions are building in the last couple of years. White right activists are becoming more active. If we accuse someone supporting discriminatory policies of being a white supremacist, have we defamed that person? In Tennessee, Lisa Rung heard Robert Weidlich speak against LGBT persons at a school forum. Upon leaving the building, she saw
In litigation, social media has become a very hot issue. Many parties think they can obtain that final, critical piece of evidence from social media. One example is Facebook. Many employers involved in a lawsuit request the employee’s Facebook posts for a certain time period. The rationale is that a victim of discrimination cannot legitimately
It is an ancient principle of trials that jurors can only consider what evidence they hear or see in court. That is why every trial these days includes a warning against looking things up on the internet. And, that is why most judges and lawyers know they cannot comment on actual cases prior to the
Is there sexism in the work place? You bet. Look at the report at CBS news about women in the technology business. Several women published a manifesto calling for change. See CBS news report. The female techies say they have been pranked (porn left on their computer screen when they leave their work station)
I discussed yesterday the case in which an employee’s daughter disclosed the settlement amount and caused a settlement agreement proceeds to be returned to the employer. See my post here. Now, I see the Florida court of appeals decision here. From the decision, it appears that the case was indeed dismissed. The plaintiff
In every settlement of a discrimination claim, the employer always require a confidentiality clause. In 
this clause, the employee agrees to reveal the terms of the settlement only to a select few persons, such as a spouse and an accountant. The rationale offered by the employer is that otherwise, they will face numerous other lawsuits
Susan Graziosi had been employed by the Greenville, Mississippi Police Department for some 26 years when a fellow officer was killed in the line of duty in Pearl, Mississippi. The Greenville P.D. chose not to send an officer to the funeral in Pearl, some two or three hours away. Sgt. Graziosi objected to that failure