Tompkins v. Detroit Metropolitan Airport
2012 U.S. Dist. LEXIS 5749
E.D. Mich.2012Background
- This is a slip-and-fall case arising from a December 29, 2005 accident at Detroit Metropolitan Airport.
- Plaintiff claims back and other injuries that impair work ability and enjoyment of life.
- Defendant Northwest Airlines moved to compel Plaintiff to execute authorizations for medical records and for release of Facebook records.
- Plaintiff has provided medical releases; the medical-records portion of the motion is denied as moot.
- Plaintiff objects to production of her entire Facebook account, including private portions not accessible to the public.
- Court discusses whether private Facebook material may be compelled and emphasizes a threshold showing of relevance under Rule 26(b), denying broad access.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether private Facebook data can be compelled | Plaintiff | Northwest | Denied; no threshold predicate shown to reveal admissible evidence from private pages. |
| Whether public Facebook postings establish relevance to intimate injuries | Plaintiff | Northwest | Denied; public posts do not contradict plaintiff's claimed injuries. |
| Whether the scope of Facebook discovery is unduly broad | Plaintiff | Northwest | Denied; scope is limited and not a fishing expedition. |
Key Cases Cited
- McCann v. Harleysville Ins. Co. of New York, 78 A.D.3d 1524 (N.Y. App. Div. 2010) (denied fishing-expedition rationale; relevancy predicate required)
- Romano v. Steelcase, Inc., 30 Misc.3d 426 (N.Y. Misc. 2010) (Facebook disclosures not privileged; may be discoverable under 26(b))
- Surles ex rel. Johnson v. Greyhound Lines, Inc., 474 F.3d 288 (6th Cir. 2007) (court may limit discovery that is overly broad or burdensome)
- Marshall v. Westinghouse Elec. Corp., 576 F.2d 588 (5th Cir. 1978) (26(b) discovery does not permit fishing expeditions)