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Court Quashes Subpoena for Text Messages

In a sign of how technology is being used in the courtroom, a federal judge had to quash a subpoena last week for text messages of our client.[caption id="attachment_867" align="alignright" width="212"] photo: DarkGovernment[/caption]In this case, our client filed a lawsuit for overtime pay against his former employer, Liberty Power Corporation. The lawsuit alleges that he worked overtime and the company failed to pay him for it. The company issued a subpoena to AT & T to get a copy of all of our client's cell phone text messages. They argued that maybe our client was on his cell phone and not really doing the company's work after hours. We told the judge that the company was just trying to harass our client with the subpoena and there was absolutely no reason why they should need to see text messages.The judge agreed with us and quashed the part of the subpoena that would allow company lawyers to read my client's text messages.This is just an example of how new technology can allow parties in a lawsuit to invade a person's privacy. Had we not jumped-in and complained to the judge, the former employer would have been reading all of our client's personal text messages.   __________________________________________________________________________________________________About the author: Bruce Coane is an attorney who specializes in labor and employment law and immigration law, with offices in Florida and Texas. He may be reached at [email protected], 713-850-0066 or 305-538-6800.

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