Posts Tagged ‘myspace’

Sexy MySpace photos stay out of evidence

Webb v. Jessamine County Fiscal Court, 2011 WL 3652751 (E.D. Ky. August 19, 2011) Plaintiff filed a civil rights lawsuit against the local jail and other governmnet officials after she gave birth while incarcerated. She claimed, among other things, that the jail’s failure to get her proper medical care before and during the delivery caused [...]

Court dismisses class action against MySpace for violation of the Stored Communications Act

Hubbard v. MySpace, 2011 WL 2149456 (S.D.N.Y. June 1, 2011) Plaintiff, who sued on behalf himself and others similarly situated, claimed that MySpace improperly turned over account information and private messages to law enforcement, even though there was a search warrant. Plaintiff claimed this violated the Stored Communications Act, 18 USC 2701 et seq. MySpace [...]

MySpace evidence was inadmissible hearsay

Musgrove v. Helms, 2011 WL 1225672 (Ohio App. 2 Dist. April 1, 2011) An Ohio domestic relations court ordered an ex-wife to pay her ex-husband child support. Based on evidence that the ex-wife’s income had increased, the court increased the amount of support she had to pay. One of the pieces of evidence the court [...]

Debt collector broke the law by using MySpace photo to intimidate consumer

Sohns v. Bramacint, 2010 WL 3926264 (D.Minn. October 1, 2010) Plaintiff fell behind on her car payments. The lender turned the debt over to a collection agency that used technology and some remarkably poor judgment in an attempt to get paid. The first bad decision was to use a caller-ID spoofer to make it look [...]

Court: privacy on social networking sites is wishful thinking

Defendant is permitted access to plaintiff’s social networking accounts as part of discovery in personal injury case. Romano v. Steelcase Inc., — N.Y.S.2d —, 2010 WL 3703242 (N.Y.Sup. September 21, 2010) Plaintiff sued defendant for personal injury that allegedly caused her to lose her enjoyment of life. During discovery, plaintiff refused to voluntarily turn over [...]

That bogus social networking profile can send you to jail

Clear v. Superior Court, 2010 WL 2029016 (Cal.App. 4 Dist. May 24, 2010) The California Court of Appeal has held that a man who set up a bogus MySpace profile of his former church pastor can stand trial for criminal “personation.” The defendant’s alleged conduct that might really put him on the hook is what [...]

MySpace posting was not improper character evidence at murder trial

Clark v. State, No. 43S00-0810-CR-575 (Ind. October 15, 2009). [Download the opinion] Defendant Clark killed his girlfriend’s two-year-old daughter. At his murder trial, the prosecution introduced the following post Clark had made to his MySpace page: Society labels me as an outlaw and criminal and sees more and more everyday how many of the people, [...]

Conviction for sending intimidating MySpace message overturned

Marshall v. State, 2009 WL 2243467 (Ind. App. July 28, 2009) Gotta love the facts of this case from my home state of Indiana. Marshall and Goodman traded cars with one another, but that deal went sour. Marshall then got into an altercation with Goodman’s mother (named Lee) and Marshall was arrested. She was also [...]

Drinkin’ photos on MySpace send man to prison

Lesson of the day: don’t post pictures of yourself on MySpace holding a beer if the conditions of your probation don’t let you drink alcohol or use the internet. Defendant Pressley pled guilty to some ugly crimes and was sentenced to a lifetime of probation. As part of the deal, he promised not “to consume [...]

What the Lori Drew acquittal should mean for service providers

You know the story of Lori Drew — the mom from Missouri who was accused of setting up a bogus MySpace profile impersonating an adolescent boy. Lori acted as this fake “Josh” to stir up romantic feelings in young Megan Meier who, after being dumped by “Josh,” took her own life. A terrible thing of [...]

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