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Massachusetts Court to Consider: Are Public Social Media Posts ‘Inherently Unknowable’ in Terms of Defamation Discovery Rules?

“The correct application of the discovery rule will be dispositive of all of the state law claims in this case,” U.S. District Judge Nathaniel M. Gorton wrote. “If the discovery rule tolls the statute of limitations, the state claims survive; if not, those claims are time-barred. Furthermore, the discovery rule as interpreted by the SJC will substantially inform this Court as to whether laches bar the two federal law claims.”

       

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