Here's a rarity for us - two e-discovery posts in a row. This one's about another of our favorite topics, e-discovery for defendants.

We've just been gifted with (thanks, Dan) a downright scholarly opinion on the discoverability of a plaintiff’s relevant Facebook information from a Court of Common Pleas in rural Pennsylvania. The case is Largent v. Reed, No. 2009-1823, slip op. (Pa. C.P. Franklin Co. Nov. 8, 2011). It’s not a drug/device case (it's an auto accident), but if you’re seeking discovery of a plaintiff’s Facebook account, it’s well worth the read. In particular, there’s probably the best discussion of how Facebook works, from a privacy – or non-privacy, as would be a better term – perspective than any other opinion we’ve yet seen. The discussion of Facebook, its privacy settings, tagging, and the like, is on pages 3-5.