The Massachusetts Supreme Judicial Court has issued a ruling that questions about whether the discovery rule pauses the statute of limitations for lawsuits involving social media posts must be evaluated on a case-by-case basis. This ruling marks a matter of first impression for the court as it pertains to the discovery rule and social media.
The ruling came in response to a certified question from state district court that was handling Davalos v. Bay Watch, Inc. Chief Justice Scott L. Kafker emphasized that the “vast” nature of social media platforms and the varying degrees of accessibility and searchability of posts necessitate a comprehensive examination of the totality of the circumstances regarding the distribution and discoverability of each specific post. For more details, you can access the original article here.