Man Sending Text Message On Mobile Phone Whilst Using Laptop

'Intentional and Egregious': Deleted Text Messages Result in Sanctions Against Plaintiff, Dismissal of Employment Case

"The intentional and egregious nature of plaintiff's conduct, which demonstrates a disregard of the Federal Rules of Civil Procedure and a willingness to commit fraud on the court to prevail and receive an award of monetary damages, not to mention the resultant material injurious effect upon defendant, shocked the conscience of the court—so much so that the court questioned whether it could, in good conscience, submit any of plaintiff's evidence or testimony to a jury," U.S. District Judge Julie R. Rubin wrote.

March 07, 2023 at 11:55 AM

4 minute read

Employment Law

Colleen Murphy

The original version of this story was published on Law.com

A plaintiff's production of fraudulent text messages in a federal employment case resulted in sanctions, including dismissal of his action with prejudice, and a $10,000 penalty to partially reimburse the defendant for costs incurred through the engagement of a forensic expert witness.