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Thursday, July 26, 2012
by Michael Loatman
Taco Bell wanted to argue that a
plaintiff's consumer protection lawsuit was "an utter contrivance
that is the classic example of a lawyer-driven strike suit." To
illustrate, the fast food company asked the court to take judicial
notice of the plaintiff's LinkedIn profile page showing he was a
paid extern at a law firm.
The court refused.
Under Fed. R. Evid. 201, a court may
take judicial notice of facts that are (1) generally known within
its territorial jurisdiction or (2) capable of determination
through sources "whose accuracy cannot reasonably be
Taco Bell, the defendant in the
Telephone Consumer Protection Act case, thought a LinkedIn profile
page would serve as a reliable source. However, the court concluded
that LinkedIn's accuracy could reasonably be
Thus, the ruling in Ibey v. Taco
Bell Corp., S.D. Cal., No. 3:12-cv-00583-H-WVG, 6/18/12, joins
recent legal developments that question the accuracy of data on
social media platforms, such as when a judge refused to allow
service of process through Facebook because it could not confirm a
Facebook account really was operated by the defendant.
Copyright 2012, The Bureau of
National Affairs, Inc.
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