Thursday, February 10, 2011

The Judge has Sent You a Facebook Friend Request - COTW #27

This week's Case of the Week involves an unconventional take on in camera review. The case is Barnes v. CUS Nashville, LLC from the Middle District of Tennessee. A discovery dispute arose over pictures on Facebook. In discovery disputes, it's not unusual for a judge to review the material in question ("in camera") and decide whether it should be provided. In this case, the judge took an interesting approach:
In order to try to expedite further discovery regarding the photographs, their captions,and comments, the Magistrate Judge is willing to create a Facebook account. If Julie Knudsen and Michael Vann will accept the Magistrate Judge as a “friend” on Facebook for the sole purpose of reviewing photographs and related comments in camera, he will promptly review and disseminate any relevant information to the parties.
I guess the question is: Will he issue an order indicating which photos and comments must be coughed up, or will he just "Like" them?

While we're on the topic, Facebook unveiled a new layout for its Fan Pages. The Lawffice Space page has already been upgraded, so check it out. And if you like it then... well, "Like" it.

Posted by Philip Miles, an attorney with McQuaide Blasko in State College, Pennsylvania in the firm's civil litigation and labor and employment law practice groups.