Walter Olson at Overlawyered chronicles another case in which imprudent use of social media had disastrous consequences for parties in litigation. A couple involved in a personal injury lawsuit declared on Facebook that they could not go to the gym or finalize a divorce until the lawsuit was over. After these posts came to light, the trial court ordered a new trial–and threw out a $2 million loss of consortium award. Overlawyered has links for this Fulton County, Georgia case and other litigation mishaps caused by social media.
For more on social media in litigation, see CEF attorney Deborah Lujan‘s discussion of social media intelligence here.