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BY SCOTT BRUTOCAO
This is a superb collection of cases and comments from the Texas State Bar Assocation. A Bit dated, but it provides an excellent foundation in Social Media Litigation.
An example concerning Illinois:
"In a recent case that shows how even the mere existence of
social media information can support a claim, a federal district
court in Illinois denied an employer’s motion to dismiss a pro
se plaintiff’s age discrimination claim, where plaintiff merely
pleaded that the employer’s awareness of his age came from
the existence of plaintiff’s LinkedIn profile. 3
• The employer contended that plaintiff never pled that
the employer actually reviewed his LinkedIn profile,
had knowledge of the date he graduated from college,
or actually determined plaintiff’s age.
• The profile in fact did not list plaintiff’s age, but rather
merely listed the year he graduated from college.
Additionally, plaintiff alleged that a manager asked him
about the year he graduated.
• The court allowed plaintiff’s claims to proceed."
3 Nieman v. Grange Mut. Cas. Co., 11-3404, 2012 WL 1467562
at *1 (C.D. Ill. Apr. 27, 2012) (“It is not difficult to determine that
someone who graduated from college in 1989 probably was over
the age of 40 in 2010. Given the Plaintiff’s pro se status, the Court
concludes that this is enough to place Integrity on notice that he is
subject to the protection of the laws against age discrimination.”)http://www.litigationsection.com/downloads/Advocate_V60_Fall2012.pdf
