After Russell Patterson filed a personal-injury case against Turner Construction, the company wanted Russsell to release all of his Facebook records, including any deleted and archived content, in order to rebut his "anxiety, post-traumatic stress disorder and the loss of enjoyment of life" claims.
When the New York County Supreme Court granted Turner's request, Russell appealed.
While his postings were similar to discoverable diary entries, and could be used at trial, because some of the content wasn't relevant to the litigation, the Appellate Division, First Department, thought the company needed to be more specific in what it sought to recover. (And even though access to Patterson's Facebook page was restricted, the appellate court didn't think that exempted the content from examination.)
TMI!
To view a copy of the Appellate Division's decision, please use this link: Patterson v. Turner Constr. Co