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.