Blog Archives

Shifting E-Discovery Costs to the Plaintiff in a Potential Class Action: a Pennsylvania Federal Court Tells Plaintiffs’ Counsel to “Make the Investment in Discovery”

In what could be a significant opinion for federal class action defendants seeking to limit their e-discovery costs, a court in the Eastern District of Pennsylvania recently held in Boeynaems v. LA Fitness International, LLC, No. 10-2326, No. 11-2644 (E.D.

Posted in Articles, Class action, cost sharing, costs, discovery request, e-discovery compliance, e-discovery costs, e-discovery plan, electronically stored information, ESI, litigation hold, recovery of e-discovery costs, unproduced documents

Flattened By Race Tires: The Third Circuit Limits What Types of E-Discovery Costs Are Recoverable by a Prevailing Party

On March 16, 2012, in Race Tires America, Inc. v. Hoosier Racing Tire Corp. et al.,[1] the U.S. Court of Appeals for the Third Circuit adopted a conservative view of the types of e-discovery costs recoverable by a prevailing party

Posted in Articles, costs, e-discovery consultants, e-discovery costs, e-discovery plan, eDiscovery, electronic communication, electronically stored information, ESI, exemplification, Race Tires, recovery of e-discovery costs

Prevailing Parties May Recover E-Discovery Costs Under the Federal Rules

The Clerk for the U.S. District Court for the Eastern District of Pennsylvania recently ruled that there is a heavy presumption that prevailing parties may recover certain e-discovery costs under 28 U.S.C. § 1920. Federal Rule of Civil Procedure 54(d)(1)

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Posted in 28 U.S.C. § 1920, 54(d)(1), Ajinomoto, Articles, costs, exemplification

Cost Recovery Toolbox: Exceptional Cases under 35 U.S.C. § 285

   In a recent post on this blog, fellow contributor Mike Zabel addressed how a prevailing party might recover the costs of e-discovery in litigating disputes in federal court under 28 U.S.C. § 1920. In Eon-Net LP v. Flagstar Bancorp, No.

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Posted in Articles, costs
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