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Social Media Discovery

By Zach Warren

On Feb. 4, 2010, Maria Nucci claimed that she slipped and fell while working at a Target store, and sued the company for the harm she sustained. It was a fairly standard case ' at least until September 2013 when Target requested access to Nucci's Facebook page to determine her quality of life following the fall. Nucci objected, and two days later, 36 photographs mysteriously disappeared from the page.

That didn't fly with the Fourth District Court of Appeals for the State of Florida. On Jan. 7, 2015, a three-judge panel granted Target's motion with respect to all photographs on the Facebook page that included Nucci. While Nucci had tried to claim that she had a “reasonable expectation of privacy” because of the social media site's privacy settings, the judges instead turned the very nature of social media against her in the decision. See, Nucci v. Target Corp., Case No. 4D14-138 (Fla. 4th DCA 2015).

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