Last week, the Third DCA’s opinion in Gulliver Schools, Inc. v. Snayserved as a lesson to the Facebook generation to once again think before posting. The former Gulliver headmaster sued the school for wrongful termination and the parties reached a settlement whereby Snay was to receive $10,000 in back pay, an $80,000 lump sum payment and $60,000 to Snay’s attorney. As a condition to settlement, Gulliver required a confidentiality provision as to the terms of the settlement. But just four days after the parties inked the agreement, Gulliver notified Snay that he had breached the agreement based on his daughter’s Facebook post:
“Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT.”
Gulliver notified Snay that it would pay the attorney’s fees but not Snay’s portion because he had breached the confidentiality provision. The Third agreed with Gulliver, reversing the trial court and setting a precedent that should make social media users think twice before posting. Those of us who rely on electronic discovery have been shouting from the rooftops about the dangers of social media use in litigation for many years. But the result in Snay is one of the first where a litigant has suffered greatly as a result of social media use. This should serve as a reminder to those who use social media to think before you post.
Last week, Kluger Kaplan Partner and labor and employment expert, Michael Landen, spoke to the Associated Press about the possible legal options pro-football player has in his case against the Dolphins. Check out what he said here…
MIAMI (AP) — The legal options for offensive lineman Jonathan Martin may be limited under workplace discrimination and harassment laws because an NFL-ordered investigation found that neither Miami Dolphins coach Joe Philbin nor the Miami Dolphins’ top executives knew about the bullying he endured, labor law experts say.
Because his employer was apparently unaware of the problems, it would be more difficult for Martin to win a workplace harassment lawsuit against the team, said Miami labor attorney Michael Landen. And in some cases, Martin seemed to go along in a bid to fit in.
“He seemed to participate and he didn’t report it to anyone at the Dolphins. When he did report it, the Dolphins took immediate action by suspending Incognito,” Landen said Wednesday. “They have some strength to their case because they did have procedures in place and upon reporting it they took immediate action.”
Prior to joining Kluger Kaplan, Marissa was a summer associate at the firm of Jackson Lewis, LLP and a Field Placement Intern at the U.S. Attorney’s Office for the Northern District of Georgia. She also interned with Judge Turnoff, a federal magistrate judge for the U.S. District Court of the Southern District of Florida.
She graduated with honors from Emory University School of Law where she was a member of the Moot Court Special Teams and President of the Jewish Law Student Association. Marissa also received the prestigious Dean’s Award in Products Liability. Marissa earned her undergraduate degree, magna cum laude, from Duke University, majoring in political science.
Recently I have encountered situations where an individual is named co-trustees of a trust , but really just acts as a rubber stamp and has very little interest or desire to fulfill the obligations. Rather than resigning, the co-trustee may allow another trustee to make all of the decisions of the trust. This is not a wise choice.
Prior to the 2008 recession, the South Florida skyline was teeming with cranes as the real estate market boomed. But then the newly or partially completed projects remained empty as developers and brokers were unable to sell residential and commercial properties and projects. With the entire real estate community reeling, brokers, developers, lenders, investors and buyers and sellers often turned to the courthouse to resolve issues that emerged as the South Florida real estate market was plummeting. As we emerge from the recession, a review of the events of the past few years may help to avoid future litigation.