ABA Journal



Plaintiffs in EEOC Suit Must Turn Over Cellphones and Facebook Account Passwords, Judge Rules

Nov 20, 2012, 09:27 pm CST


It's not just overly broad, it's asinine and completely ridiculous. It's as if there might be a diary in a person's home and the judge ordered the person to give their house key to a third party and let them rummage through the house to see if the could find the diary and anything else they might decide could be useful and with no supervision to make sure they didn't steal the silver.

By Fred on 2012 11 21, 2:58 pm CST

Fred - I see your first point, but do you think the special master can't be trusted not to steal the silver?

I have always wondered about the appropriateness of filing a lawsuit based "on information and belief" as to key elements of culpability, with not enough information to survive a motion for summary judgment without discovery. Seems to me that if someone has been wronged, they ought to possess at least that quantum of admissible evidence, after which they could use particularized discovery to uncover more as they seek to have a preponderance to present at trial.

By Walt Fricke on 2012 11 21, 11:29 pm CST

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