Friending & Defending

Gary F. Babiarz, Chief Investigator ** PROVIDING RESULTS YOU NEED AND DESERVE! **

As a railroader, you must take caution and be aware that the railroads are finding social media sites such as Facebook, LinkedIn and Twitter very effective in enforcing its discipline / availability policies and in winning personal injury claims under the Federal Employers’ Liability Act (“FELA”).

Hoey & Farina shares with you a Union Pacific Railroad Company discovery request in a FELA case involving one of its injured employees.  During the course of litigation, if a railroad wants access to your social media information, it will try to get it.  Although not all courts are in agreement, many courts will require the injured worker to provide his employer this requested information. 

Your posts, comments, pictures, etc. on social media are not private

Be careful what you post as it can adversely affect your job on the railroad and/or your FELA injury claim.  (For more information on this subject, read http://www.hoeyfarina.com/straight-track/tangled-net and http://www.hoeyfarina.com/straight-track/protecting-your-job-your-fela-claim-while-using-facebook.)   

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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION

 

                                                               Plaintiff

                                       v.                                                                                  Case No.:

Union Pacific Railroad Company,

                                                              Defendant

UNION PACIFIC RAILROAD COMPANY
FIRST SUPPLEMENTAL REQUEST FOR PRODUCTION

Defendant, Union Pacific Railroad Company ("Union Pacific"), by its undersigned attorneys, and pursuant to Illinois Supreme Court Rule 214, propounds the following requests for production to be answered by Plaintiff within twenty-eight days from the date hereof:

  1. Produce a complete copy of any Facebook account you now or in the past have maintained, including all photographs, videos, posts on your wall, messages and other content you have shared, or in the alternative produce a signed and notarized authorization for the release of information by Facebook. To comply with this request, please request a download of your information from Facebook and produce a complete copy of the zip file and all its contents, to Union Pacific.
     
  2. Produce a complete copy of any videos or photographs posted by your family members on Facebook in which you are pictured or filmed.
     
  3. Produce a complete copy of any Classmates.com account you now or in the past have maintained, including all photographs, videos, posts, messages and other content you have shared,  or  in  the  alternative  produce  a  signed  and  notarized  authorization  for  the  release  of information by Classmates.com.
     
  4. Produce a complete copy of any LinkedIn account you now or in the past have maintained, including all photographs, videos, posts, messages and other content you have shared or in the alternative produce a signed and notarized authorization for the release of information by LinkedIn.
     
  5. Produce a complete copy of any MyLife account you now or in the past have maintained, including all photographs, videos, posts on your wall, messages and other content you have shared or in the alternative produce a signed and notarized authorization for the release of information by MyLife.
     
  6. Produce a complete copy of any Blog you now or in the past have maintained, including all photographs, videos, and other content you have posted on any such blog, or in the alternative produce a signed and notarized authorization for the release of information from each blog host site.

UNION PACIFIC RAILROAD COMPANY
 

Its Attorney

If you or a loved one have suffered a work injury or wrongful death on the railroad, call an experienced FELA lawyer / railroad injury attorney at Hoey & Farina, P.C. at 1-888-425-1212, or complete this form, for your FREE CONSULTATION. Hoey & Farina represents clients throughout the United States.

HOEY & FARINA, P.C.

542 South Dearborn Street
Suite 200
Chicago, Illinois 60605
Main: (312) 939-1212
Toll Free: (888) 425-1212
Fax: (312) 939-7842
Email: info@hoeyfarina.com
 
Representing clients throughout the United States.

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LEADING THE WAY IN FELA