A Kings County, New York court has held that a plaintiff may obtain social media information (such as another’s user information and evidence posted through social media) as part of pre-suit discovery under New York law. This decision could have ramifications in a number of jurisdictions that permit pre-suit discovery to preserve evidence and/or obtain identities of witnesses or potential parties. See, e.g., Fed. R. Civ. P 27; N.J. R. Civ. P. 4:11-1; Tex. R. Civ. P. 202. N.Y. C.P.L.R. 3102.
In Lemon Juice v. Twitter, Inc., 44 Misc. 3d 1225(A) (N.Y. Sup. Ct. Aug. 29, 2014) the plaintiff complained that an anonymous third party had committed various torts (including intentional infliction of emotional distress) by posting information on a Twitter account containing the plaintiff’s name.
TweetMe Please
