Lori claims that she suffered injuries in an auto accident with an uninsured vehicle. When her insurerMiserly Insurance Companydoes not pay her claim, she files a suit against Miserly for breach of contract. The insurer files a motion to compel Lori to
comply with a discovery request for everything that she has posted on Facebook, Twitter, and other social media sites since the accident. Why would the insurer want to obtain such material? What might Lori argue in opposition to the motion? Should the court grant the defendant's request? Discuss.
Miserly, the insurer in this problem, and any litigant in any suit, would most likely want to obtain material that could have a negative effect on its opponent's case. This would include social media postings of remarks or photos that discredit the opposing party's claims.
Lori, or any party whose postings are sought, might argue that complying with such a request would constitute an invasion of privacy. But to effectively assert a right to privacy, a party must have a reasonable expectation of privacy in the particular situation. Even though people often believe that posting in social forums is private, it is probably not reasonable to expect privacy in postings on social media. It might be contended more successfully that such material is not relevant to the case at hand.
And in this problem, in the absence of a showing that any of the posts undermined the plaintiff's claims, the court would most likely deny the defendant's motion. But the court might grant the defendant the right to make the motion again if it could be shown that the material sought is relevant to the case.
You might also like to view...
You are more likely to achieve your communication goals if you profile your audience and shape the message to that profile
Indicate whether the statement is true or false
Answer the following statement(s) true (T) or false (F)
1. The behavioral approach to managing conflict addresses the roots of the conflict by focusing on emotions, beliefs, and behaviors. 2. The attitudinal approach to managing conflict is aimed at simply stopping the behaviors that are causing the conflict. 3. Distributive negotiation offers a win-win scenario whereby parties try to reach an agreement that benefits them both by focusing on creating new options and solutions. 4. Mythical fixed pie is a common mistake in negotiation. 5. Compromise is not used when there is an imbalance in power.
When a producer of a product divides the market for that product into smaller groups and creates a marketing mix for each group it is known as the ______________________________ approach.
Fill in the blank(s) with the appropriate word(s).
Under the CISG, acceptance is effective only upon receipt
Indicate whether the statement is true or false