[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
In April 2014, the U.S. Supreme Court held that the Airline Deregulation Act (ADA) preempted a frequent flyer program member's common law claim for breach of the implied covenant of good faith and fair dealing because the...more
For years United Airlines has asked its customers to “Fly the Friendly Skies,” but a dispute with one of its frequent flyers turned decidedly unfriendly and became the subject of a recent case before the Seventh Circuit in...more
A federal district court in Colorado recently approved a settlement agreement resolving class action claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The documents filed in support...more
It can be important for an United Airlines employee to discuss an injury during a layover with an attorney. As demonstrated by numerous cases, including that of a flight attendant bitten by a spider while sleeping in a hotel...more
In recent years, employers have become familiar with navigating social media from a human resources perspective. These same issues are now making their way through the courts, and the rulings issued can serve as guideposts...more
The issue: Under the Americans with Disabilities Act, can an employer force an employee with a disability to compete for an open position?...more
Seventh Circuit Decision that Employees With Disabilities Need Not Compete For Reassignment Stands -
WASHINGTON- In a closely watched case, the U.S. Supreme Court issued a written order denying air transportation giant...more
We are pleased to present the 27th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight stories that will have an impact on business, commerce and litigation, including the...more
Is it ever NOT okay to delete your social media account?
That's the question we ask in this JD Supra Legal Perspective. And for an answer, we look at recent coverage of a case in which an airline worker in New Jersey...more
A federal magistrate judge in New Jersey recently sanctioned a plaintiff for evidence spoliation after he deactivated his Facebook account during litigation, resulting in its permanent deletion by Facebook after 14 days...more
The first quarter of 2013 was among the busiest yet for developments in the use of social media in litigation.
First, courts have continued to weigh in on the extent to which a party can obtain discovery of an opposing...more
A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between...more
It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more
A recent decision of the U.S. Court of Appeals for the Seventh Circuit means that employers should reevaluate their practices concerning transferring an individual with a disability to a vacant position as a reasonable...more
Overruling its own precedent, the U.S. Court of Appeals for the Seventh Circuit (which covers Indiana, Illinois, and Wisconsin) recently held that the Americans with Disabilities Act (ADA) requires employers to reassign...more
Back to Top