February 2014 - Jeffrey R. Davis Law

Great new for all Social Media (Facebook, Twitter, Linkedin, Instagram, etc.) – Florida Court protects posts ruling them irrelevant. Throughout the past few years, Courts throughout the United States have ruled that social media posts are fair game and “discoverable” during litigation. On February 5, 2014 the 2nd DCA held in Root v. Balfour Beatty Construction, LLC that although social media posts are discoverable, the party requesting the information still has to prove that the information requested is relevant and not just simply a “fishing expedition.”

Now, it is clear that the Court is stating that a party that is requesting these Social posts has to prove that the information that they are requesting needs to be relevant to the case. Do not mistake this ruling for any blanket protection of social media posts if you are a party in a lawsuit. In personal injury cases, arguing that social media posts are relevant and reasonably calculated to lead the discovery of admissible evidence can be rather easy with good lawyering.

All Social Media users should always beware ( yes we know you have heard this warning before)… be careful what you post. It may pop up later. Although, many people know that it may hurt your prospects of getting a job or getting into the right college, if you are involved in a lawsuit, it can damage your case … A picture is worth a thousand words.

Personal Injury lawsuits frequently have discovery requests for Social Media posts from Facebook and Instagram. The attorneys at Jeffrey R. Davis, P.A., a Miami Personal Injury law firm, specialize in personal injury cases. We pride ourselves in communicating with our clients and putting our clients first. Jeffrey R. Davis has been practicing personal injury law for over 25 years. Olga Porven, a former insurance defense attorney, has the insight into what the insurance companies strategies are in defending personal injury cases, including seeking Social mediation information.

If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-577-3777.

President Obama reiterated in last weeks State of the Union Address that women deserve equal pay for equal work. He gave mention to some statistical figures that do sound quit shocking, stating “women make up about half of the workforce, but still make 77 cents for every dollar a man earns.” At the sound of these stats, it seems shocking, but if you dig further, the margin is actually quite smaller. This statistic is generated from a broad brush that compares overall male and female pay.

The 77-cent figure – which Obama used on the campaign trail in 2012 – stems from a 2011 report by the U.S. Census Bureau that found that in 2010, females overall made 77 percent of what males made. That means all workers regardless of what jobs they hold – not one worker in one particular job compared with another worker in the same job.

Anne York, who studies gender equality in the workplace as an associate professor at Meredith College School of Business in Raleigh, N.C., said the 77 cent pay disparity figure masks a variety of factors as to why women – on average – don’t make as much as men. “We have no definitive answers, but a lot of reasons,” York said. Whether by tradition or personal choice, women often seek lower-paying occupations than men – say, home health aide vs. neurosurgeon – and often trade earnings for flexibility at work, York said.

A recent McClatchy review of White House salaries showed what the salary per dollar comparison is for those working in the White House using the same analysis that reaches the “77 cents per dollar.” The results may shock you – women working in the White House make 91 cents for every dollar a man makes in the White House.

The White House goes on to defend their payroll by stating that the analysis does not measure pay between men and women doing the same work in the same job position. White House aides go on to defend the President, overwhelmingly stating that “the President’s employees with the same position make the same money.” A House Spokesman, Eric Schultz, said the White House pays mean and women in equivalent roles, equivalent salaries.

President Obama has supported multiple bills that encourage and help regulate equal pay in the workforce. The President celebrated the fifth anniversary of the first bill he signed into law, the Lilly Ledbetter Fair Pay Act, which he has stated helps protect a woman’s right to fair pay. The President has also supported the Paycheck Fairness Act, which would require businesses to show that wage discrepancies between men and women are not based on gender, it also bands retaliation against workers who reveal their wages.