La Barge Campbell & Lyon

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Wrongful Death
Our attorneys are on the forefront of litigating the discoverability of social media data. On March 8, 2016, Judge Gilbert of the Northern District of Illinois ruled on a motion to compel filed by partners, Michael R. LaBarge and Camilla Pollock-Flynn, in a complex wrongful death action. Our attorneys sought disclosure of the decedent’s and her family members’ Facebook data to evaluate the next of kin’s damages. Attorneys LaBarge and Pollock-Flynn argued that decedent’s social media records were discoverable because the decedent communicated with her family via Facebook and the decedent’s mother posted several statements about decedent after the accident. The Court denied our motion to compel but indicated that a more narrowly drawn request would be appropriate and gave us time to revise our production request. This opinion is important because there are very few cases in Illinois that discuss the discoverability of social media information and this opinion unequivocally recognizes that social media data, like Facebook, is relevant and discoverable.

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