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NY Court Of Appeals Rules That Facebook “Private” Postings Are Discoverable

William A. Ruskin's Toxic Tort Litigtion Blog Posted on February 19, 2018 by William A. RuskinFebruary 19, 2018

In a striking reversal of a decision of the Appellate Division, First Department, the New York Court of Appeals firmly rejected the notion that there is a heightened “factual predicate” standard for discovery of material posted by a plaintiff on social media in Kelly Forman v. Mark Henkin, 2018 WL 828101, 2018 N.Y. LEXIS 180(February 13, 2018).  In its ruling, the high court explained that: “While Facebook–and sites like it–offer relatively new means of sharing information with others, there is nothing so novel about Facebook materials that precludes application of New York’s long-standing disclosure rules to resolve this dispute.” Prior to this … Continue reading →

Posted in Discovery, Social Media | Tagged confidentiality of "private" postings, Facebook, Kelly Forman v. Mark Henkin, New York Court of Appeals, social media | Leave a reply

William A. Ruskin

The Toxic Tort Litigation Blog reports on recent developments and trends in toxic tort, environmental and product liability litigation of interest to the defense bar.  It also explores the convergence of complex science and medicine and the law.
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