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Attorneys Mark Condon and Nadia Hasan combine experience and innovation to gain unfettered access to a party’s Myspace and Facebook accounts
In a game-changing decision, Judge Mary C. Leahy granted Mark Condon’s and Nadia Hasan’s motion to compel production of a plaintiff’s Myspace and Facebook usernames and passwords. Plaintiff claimed minor physical injuries as a result of a car accident and severe emotional distress after witnessing her mother sustain serious injuries in the same accident when she was fourteen years old. Now twenty, plaintiff claimed her relationships with her mother, father, friends, and boyfriends were substantially altered as a result of the psychological damage resulting from witnessing her mother’s injuries in the accident. Faced with these unique facts, Judge Leahy granted our motion for access to plaintiff’s social networking sites, compelling plaintiff to produce her usernames and passwords for her Facebook and Myspace accounts. Social networking sites like Myspace and Facebook are often an overlooked hot bed of highly relevant information. Until recently, the discoverability of this information has been hotly contested and largely untested. There are only a small number of cases addressing this issue nationwide and this is the only known case compelling production of a party’s username and password. This decision confirms the way we investigate claims is ever changing and, in this new internet age, an entire case can change with a few keystrokes.
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