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York and Lancaster PA Law Blog

      

Facebook, Social Media, and Litigation

The social media, including Facebook and Twitter and others have been the source of some interesting legal problems recently. The publicity surrounding the Penn State sexual scandal and some other more local scandals involving teachers' sexually molesting students has seemed to have caused a rash of school administrators going onto the Facebook or Twitter accounts of their teachers and making sure there is nothing untoward on those social media accounts. Unfortunately, people have a bad habit of thinking that these accounts and the statements made thereon are somehow privileged or confidential - they are not. Accordingly, some teachers have lost their jobs because they have put very inappropriate things on Facebook or other social media sites and a school administrator has found it.

Somewhat similarly, litigants in a lawsuit and/or parents in a custody dispute and/or spouses getting divorced have had their Facebook or other social media accounts viewed and inappropriate things thereon used as ammunition in Court. By way of a recent example, a mother involved in a custody dispute with the father, during the Trial, was cross examined with a Facebook entry in which she and her partner had advertised that they were looking for swinging couples. Needless to say that was extremely damaging in the custody case.

    

Alleviating Clogged Courts - One Suggestion

One suggestion for alleviating clogged courts...As you may have read in the Sunday paper recently, our Lancaster County Court system is overwhelmed by a high volume of cases on the docket. Various factors were mentioned in the three-article series and no doubt this complex problem has no easy solution. However in this attorney's opinion one effort that would at least help to alleviate some of the volume would be for our police to reserve the less serious, property-related matters for the civil courts.

    

Recent Pennsylvania Law Bans Texting and Emailing While Driving

The recent Pennsylvania law banning texting and emailing while driving just went info effect in the Commonwealth. My question is: "what took the legislature so long"? For several years now, I've seen and heard story after story of drivers, many of them kids who just got their driver's license, who have been involved in tragic motor vehicle collisions. One of the first things I ask my Pennsylvania auto accident clients is whether the other driver was emailing or texting on their cell phone. I now know to always seek the phone records of the at-fault driver during the lawsuit, even though their insurance company and their lawyer often fight tooth and nail to give it to me. I am sure they fight my efforts with good reason. They know what I know and that is people have little tolerance for those in society who carelessly text and email while driving. And this is as it should be. If you are going to operate a vehicle weighing thousands of pounds of metal at high or even moderate speeds, you must pay attention to what you are doing. I've been handling Pennsylvania auto collision cases for over 21 years now. We only used to have to consider drivers playing with their radio, tape deck or CD player, but now . . . now, it's a whole new ballgame. I'm glad the law is finally catching up with reality.  Shawn P. McLaughlin, Esquire