July 2011 Archives

PENNSYLVANIA AMONG STATES ALLOWING FACEBOOK POSTS AS EVIDENCE IN COURT

July 6, 2011,

As the popularity of Facebook continues to rise, so does the risk that what you post on Facebook may be used against you in court. In the case of McMillen v. Hummingbird Speedway, the court ordered the plaintiff to provide the defense with their personal Facebook and Myspace account username and password information so that the defense could comb the plaintiffs account for possible impeachment evidence.

The McMillen case centered on a racecar driver that was rear-ended during a cool down lap in a stock car race. Mr. McMillen alleged substantial injuries in his lawsuit. He then proceeded to comment on Facebook about a fishing trip he went on, as well as a trip to go watch the Daytona 500. The defense asked the court to require McMillen to provide his account information so that they could "determine whether or not plaintiff has made any other comments which impeach and contradict his disability and damages claim."

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