Six-month suspension for lawyer using Facebook to send “emotional blackmail” to unrepresented party

On December 5, 2014, the Kansas Supreme Court suspended for 6 months an attorney who sent a Facebook “emotional blackmail” message to a unrepresented party. The sanctioned lawyer represented a biological father opposed to the adoption of his daughter. The attorney sent a Facebook message to the 18-year-old biological mother, who was not represented by counsel, […]

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Is judges’ anonymous posting a good idea? Probably not

Judicial Discipline & Disability Comm’n v. Maggio,2014 Ark. 366,2014 Ark. LEXIS 468(Ark.2014) Judge Mike Maggio admittedly blogged and commented under the pseudonym of “geauxjudge” in public electronic forum  “www.tigerdroppings.com”. Among the other posts, he also commented on a confidential adoption of a child by a Hollywood star. On september 11, 2014, the Supreme Court of Arkansas accepted […]

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Facebook account reactivation ordered even if moving party did not show prima facia likelihood of significant evidence – Chapman v. Hiland Operating, LLC, 2014 U.S. Dist. LEXIS 74248

In this case Defendants filed a Motion to Compel Plaintiff to Respond to Defendant’s Discovery Requests. Defendant had requested Plaintiff to produce information from her Facebook account. Plaintiffs resisted the motion, arguing that “her Facebook account is unlikely to include relevant information, because, as she stated in her deposition, she rarely used the account, and when […]

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In the matter of Sarah Peterson Herr, Supreme court Order 2012 SC 94

Full text available on http://www.kscourts… On January 13, 2014, the Kansas Supreme Court recommended the sanction of informal admonition for Defendant Sarah Peterson Herr. Defendant is a former research attorney for the Kansas Court of Appeals. During a November 15, 2012 Kansas Supreme Court hearing (disciplinary proceeding against Mr. Phill Kline, former Kansas attorney general) […]

Plaintiff and its attorney sanctioned for Facebook spoliation

  In these combined appeals (Lester v. Allied Concrete, 2013 Va. LEXIS 8 (Jan. 10, 2013)), Virginia Supreme Court confirmed the trial court’s decision to deny a new trial based on the misconduct by plaintiff and its attorney. The Court reversed the trial court’s order of remittur, though. The most interesting part of the case for us […]

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Held v. Ferrellgas, Inc., 2011 WL 3896513 (D. Kan. Aug. 31, 2011)

In this case employment discrimination case Defendant (Ferrellgas) filed a motion to compel Plaintiff (Held) to produce data from Plaintiff’s Facebook account. Plaintiff objected, stating that the information is “irrelevant, confidential and private”. The court granted Defendant’s motion to compel discovery as it appears that Defendant is attempting to mitigate Plaintiff’s privacy concerns by allowing […]

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