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Showing posts from February, 2018

You May Be Forced to Turn Over Your "Private" Facebook Photos (or even Messages) in a Lawsuit

So held New York's highest court on February 13, 2018 . The case involved personal injuries. The plaintiff alleges she fell off a horse owned by the defendant, which caused the plaintiff severe spinal and brain injuries. She claims she now has trouble writing emails and forming coherent sentences, among other cognitive problems. The plaintiff testified at a deposition that she had had a Facebook account in the past, which contained lots of "private" photos (of her) and posts and messages before and after the accident. But she deleted the account six months after the accident. Defendant's attorneys wanted an authorization to see her entire Facebook account (photos, posts, messages, everything), so they could compare her quality of life before and after the accident. But she refused to give the defendant access to her account. After motions and appeals, the Court of Appeals has now ordered the plaintiff to turn over (1) all private Facebook photos taken before the...

If You Buy A Rolex That Was Stolen (But You Didn't Know), Do You Have Legal Ownership Of It?

Interesting case from New York County Civil Court (a kind of small claims court). I don't have access to the court filings (none of them were e-filed), just a short summary from the New York Law Journal (pay wall). But based on that short article, this appears to be what happened: dealer/jeweler Choraria sells Rolex watches. In 2007, the subject watch was stolen from him. At some point between 2007 and 2017, another dealer/jeweler, Jeffrey Bouvier, bought the watch (from somebody). I assume Bouvier didn't know the watch had been stolen, and we have no idea how many times it passed hands before it was eventually sold to Bouvier. Thus, Bouvier would be a "good faith" purchaser. It turns out the watch was damaged. So, Bouvier innocently enough sends the watch off to Rolex to be repaired. Rolex runs a search of the watch's serial number and learns it had been reported stolen back in 2007. Choraria says the watch belongs to him because it had been stolen. Bouvie...