The Court of Appeals recently addressed the discoverability of non-public information on social media sites in Forman v. Henkin. In a unanimous decision written by Chief Judge Janet DiFiore, the court held that the normal rules of discovery applied to a party’s social media posts and the mere fact that certain information had been designated “private” did not require a higher or different discovery standard. In this instance, the Court of Appeals found that the limited scope of discovery into plaintiff’s private Facebook posts ordered by the trial court was appropriate.

Plaintiff brought a personal injury action alleging that while she was riding one of defendant’s horses, the stirrup leather attached to the saddle broke, causing plaintiff to lose her balance and fall. She alleged that she suffered serious injuries to her brain and spinal cord, which caused memory loss, difficulties with written and oral communication and social isolation. She asserted that defendant had acted negligently in failing to properly prepare the horse for riding and failing to maintain and inspect the equipment.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]