Worker's Deletion Of Facebook Posts Leads To Sanctions

Law360, New York (March 21, 2014, 7:38 PM EDT) -- A Nevada federal magistrate held Tuesday that a dental assistant's deletion of Facebook posts that her former employer claims contradicted her legal claims warranted sanctions, but found that dismissing the suit would be too harsh a penalty.

U.S. Magistrate Judge Nancy J. Koppe found that Heather Painter's suit accusing the dentist she used to work for of sexual misconduct should not be dismissed because she deleted postings that  praised her job and boss, but an adverse inference instruction would be an appropriate sanction.

“Although plaintiff’s counsel...
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