Party Can’t Seek Discovery Costs When Requested Emails “Are Not Inaccessible” To Them

Mar 17, 14 Party Can’t Seek Discovery Costs When Requested Emails “Are Not Inaccessible” To Them

Posted in Costs, eDiscovery, Labor & Employment, Litigation

Lindsay v. Clear Wireless LLC is a relatively short opinion from earlier this month, out of Minnesota. In an employment law action, plaintiffs asserted that “defendants failed to comply with the FLSA’s minimum wage and overtime wage provisions” and, in the part that’s of interest to us, plaintiffs sought...

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Another Case Favors Native Format When It Comes To Production

Jan 31, 14 Another Case Favors Native Format When It Comes To Production

Posted in Burden, Costs, eDiscovery

By IT-Lex Intern Amber Williams (LinkedIn)  A New York case from earlier this month revisits a favorite topic here at IT-Lex: form of production in discovery and who has to pay for it. Plaintiffs brought suit against their insurance provider for breach of contract, negligent misrepresentation, and professional negligence.  As part...

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Hosting Data Does Not Count As “Making Copies”, So Costs Can’t Be Recovered

Jan 31, 14 Hosting Data Does Not Count As “Making Copies”, So Costs Can’t Be Recovered

Posted in Costs, eDiscovery

By IT-Lex Intern Carter McMillan (LinkedIn) As regular readers of IT-Lex are well-aware, eDiscovery is a rapidly-emerging area of the law. A recent decision out of an Illinois district court highlights some of the issues that may arise based on the novelty of the field. The case is Massuda v. Panda Express and it resolves around a...

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Trend To Limit Discovery in Patent Litigation Continues

Dec 16, 13 Trend To Limit Discovery in Patent Litigation Continues

Posted in Burden, Costs, eDiscovery

By Stephanie A. Quick (bio) Recent developments by the courts, administrative agencies, and Congress include rules, guidelines, and proposed legislation aimed at limiting discovery in patent litigation. Practitioners seeking to balance efforts to reduce discovery costs with preserving relevant documents according to the rules...

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“Conscious, Or Perhaps Willful, Disregard” Of Duty To Preserve Leads To Spoliation Sanctions

Dec 12, 13 “Conscious, Or Perhaps Willful, Disregard” Of Duty To Preserve Leads To Spoliation Sanctions

Posted in Costs, eDiscovery, Preservation, Spoliation

A patents dispute out of California, Zest IP Holdings v. Implant Direct Mfg., is the latest spoliation cautionary tale for us to cover. Here, plaintiffs accused defendants of spoliation and discovery abuse, and sought the severest of sanctions: default judgment, or, failing that, “an adverse inference jury instruction against...

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Florida Adopts Guidelines For Recovery Of eDiscovery Costs

Dec 09, 13 Florida Adopts Guidelines For Recovery Of eDiscovery Costs

Posted in Costs, eDiscovery

By IT-Lex Member Ralph Artigliere Every three years in staggered terms, each of the Florida Supreme Court procedural rules committees submits proposed new rules as part of a “regular cycle” of rules amendments.  The Civil Procedure Rules Committee recommended numerous rule changes this term, including the first change in many years...

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