An emerging issue in Pennsylvania civil litigation personal injury matters is the extent to which one party may gain access to information on an opposing party’s social networking site such as Facebook or MySpace.
On the plaintiff’s side, an argument can be made that postings on such sites are protected by expectations of privacy. On the defense side, it is asserted that such postings are made with the knowledge that they may not necessarily be private and also that the allowance of such discovery would further the overriding goal of civil trials of searching for the truth on the claims and defenses presented.
A Decision Against Disclosure
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