Massachusetts Court to Consider Publicity of Social Media Posts for Discovery

A federal judge, who partially sided with an adult night club accused of improperly using a group of professional models’ photos to promote the business, has reconsidered the plaintiffs’ stance and certified a question regarding discovery rule information posted on public social media sites to the state high court.

In a matter of first impression, the Massachusetts Supreme Judicial Court will be asked: “Under what circumstances, if any, is material publicly posted to social media platforms ‘inherently unknowable’ for purposes of applying the discovery rule in the context of defamation, right of publicity, right to privacy and related tort claims?”

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