Smartwatches are tracking everything — and so are smart lawyers.
As wearable tech like smartwatches and fitness trackers collect mountains of personal health data, personal injury litigation is moving into new, digital territory. In lawsuits where health or activity levels are key issues, data from a plaintiff’s or defendant’s device could make or break a case. But courts are cautious: discovery demands must be surgically precise, narrowly tailored, and proportionate to survive objections based on privacy and relevance.
Recent cases like Jennings v. Smiley and In re 3M Combat Arms Earplug Litigation show that judges won’t allow "fishing expeditions" into private ESI without a clear link to the claims. Litigators aiming to unlock smart device data must build a compelling, evidence-backed case for relevance, minimize overbreadth, and always propose protective orders to guard sensitive information. In the new era of ESI discovery, winning access to personal tech requires strategy, not subpoenas on autopilot.