A number of recurring issues rose to the top of attention in the past year, many of which are expected to remain on the forefront of civil litigation trends into 2017. Here’s a look back at some of the top topics in 2016 in personal injury matters.
Facebook Discovery Issues
In past years, with the rapid expansion of social media, the primary issue was to what extent a party may seek discovery of another party’s social media activity, particularly with respect to Facebook. Now that the courts have generally allowed parties to delve into the private portions of another party’s social media accounts provided that a predicate showing has been made that relevant information will be uncovered, a more recent trend of cases has considered when any such discovered information must be produced, i.e., before or after a party’s deposition.
