case forman v henkin 2018 ny slip op 01015 30 n y 3d 656 70 n y s 3d 157 93 n e 3d 882

ediscovery assignment 4

CASE: Forman v. Henkin, 2018 NY Slip Op 01015, 30 N.Y.3d 656, 70 N.Y.S.3d 157, 93 N.E.3d 882

FACTS: Plaintiff alleged she fell from a horse owned by Defendant and suffered traumatic injuries. During discovery, Defendant sought materials from Plaintiff’s Facebook account that she had deactivated about six months after the accident. Defendants asked the judge for an unlimited authorization to obtain the entire private Facebook account and Plaintiff objected. Defendant argued that the material was necessary to their defense. Plaintiff argued Defendant failed to establish a legal basis for the search of her account even though Plaintiff’s counsel could not affirm they had reviewed the Facebook account themselves. INSTRUCTIONS: Beginning with Forman, discuss: (A) the elements the Court of Appeals considered when reviewing the lower court’s decision; (B) Compare and contrast the positions of the parties; and (C) Review case materials (including dicta, etc.) and analyze the Court of Appeals discussion on the proper accessibility of information from account whose permissions are public versus private prior to the start of discovery in light of the generally accepted current definition of “relevant information”.

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