In its recent opinion in Forman v. Henkin, the highest court in New York concluded that information posted on a user’s private Facebook profile is discoverable. The Forman decision follows the 2015 decision of the Florida Fourth District Court of Appeal in Nucci v. Target, which was one of the first state appellate courts to have addressed this issue.

In Forman, the plaintiff claimed that she was injured when she fell from a horse and suffered spinal and traumatic brain injuries resulting in in cognitive deficits, memory loss, difficulties with written and oral communication, and social isolation. During her deposition, the plaintiff testified that prior to her accident, she led an active lifestyle involving horseback riding, boating, traveling, cooking, attending movies and theater, and that she often posted pictures of her activities on Facebook. She further testified that post-accident, she could no longer engage in those activities and that she had difficulty reading, writing and using a computer.

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