As tempting as it may be to believe, judges don't always get it right. Every lawyer has seen an opinion that misapplies the law or applies the wrong law altogether. And maybe that's why we get so giddy when a court really nails it, particularly when the issue is complicated or novel or the law unsettled. Allegheny Court of Common Pleas Judge hit one of these legal homeruns in a 20-plus-page decision issued last week in Trail v. Lesko. The unsettled legal issue that Judge R. Stanton Wettick addressed was the discoverability of social-media content.
The case arose from a motor-vehicle accident, from which the plaintiff alleged to have been seriously injured. The parties both sought to have the other side produce Facebook posts and pictures. Neither side complied and both parties filed motions seeking to compel their opponent to turn over his Facebook password and username.
Put differently, "Ask me to show you mine and I'll ask you to show me yours."
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Read more Labor and Employment Law insights from Margaret (Molly) DiBianca in the Delaware Employment Law Blog.
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