In part 2 of their series on mobile device case law trends, Cimplifi discusses case law sanctions related to mobile devices!

In their post titled Going Mobile: Recent Mobile Device Case Law Trends, Part 2 (available here), Cimplifi discusses nine cases related to sanctions regarding mobile device data. Two of those were actually related to the same spoliation incident! Here’s one of the nine cases they cover:

Rossbach v. Montefiore Med. Ctr.: This case illustrates the importance of metadata in evidence authentication. In this case, the plaintiff was found to have fabricated a text message exchange with her supervisor that she claimed proved she was sexually harassed. Part of the evidence that illustrated that the image produced was fabricated was the use of a version of an emoji that wasn’t possible to use with her version of iOS on her iPhone. The case was dismissed and a monetary sanction was assessed jointly and severally against the plaintiff and her counsel (the Second Circuit ultimately vacated sanctions against plaintiff’s counsel, but affirmed all other aspects of the ruling).

Rossbach illustrates the importance of forensic examination and requesting native forms of the data to maximize your ability to authenticate the evidence produced.

So, what are the other eight cases involving case law sanctions related to mobile devices that Cimplifi discusses in part 2 of their series regarding mobile device case law trends? Find out here, it’s only one click! You can even read them on your mobile device! 😀

So, what do you think? How often does mobile device data factor into your litigation cases today? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using GPT-4o’s Image Creator Powered by DALL-E, using the term “robot lawyer using a mobile device in a courtroom”.

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