Facebook Page Spoliation Ruling Will Aid Employers

Law360, New York (October 28, 2013, 12:13 PM EDT) -- In a recent ruling, the U.S. District Court for the District of New Jersey held that a plaintiff's deletion of his Facebook account in a personal injury action warranted an adverse inference against the plaintiff based on his failure to preserve the account.

As set forth below, this ruling has significant ramifications for employers because, in essence, it confirms that social media access is discoverable in actions where plaintiffs allege injuries related to their physical and/or social activities.

Factual Background

Plaintiff Frank Gatto was employed as...
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