Tenev v. Thurston » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Tenev v. Thurston

Tenev v. Thurston

Case Date: 03/09/2016
Citation: Tenev v. Thurston, 198 So. 3d 798 (Fla. 2d DCA 2016)
Court Type: District Court of Appeal
Court: Fla. 2d DCA
Judge: Judge: Daniel H. Sleet
Rule(s): Professional Responsibility - Rule 4-3.3
Issues:

Attorney Tenev appealed the trial court’s granting of sanctions. Tenev found out before trial that a juror was Facebook friends with one of Thurston’s employees and moved to strike the juror. The trial court then imposed sanctions on Tenev for violating the no contact rule and for giving evasive answers when questioned how she found out about the Facebook friendship.

Resolution:

The Court reversed the sanctions. The dishonest answers Tenev gave did not amount to a mistrial, and it is not against the rules for attorneys to research jurors. Further, Tenev received the information from her client’s wife and was obligated to prevent potential bias to her client at trial.

Relevant Documents:

Appellant Reply Brief

Amended Appellant Reply Brief

Appellee Answer Brief

Initial Appellant Brief on the Merits

Decision

E-Discovery Issues: Ethics, Motion for Sanctions
E-discovery Tags: Non-Party Discovery, Sanctions
E-discovery subjects: Social Media

Published: January 26th, 2018

Category: Uncategorized


Deprecated: Theme without comments.php is deprecated since version 3.0.0 with no alternative available. Please include a comments.php template in your theme. in /h/cnswww-ediscovery.law/ediscovery.law.ufl.edu/htdocs/wp-includes/functions.php on line 5411

Comments are closed.