Requesting Party Has To Pay For Flash Drive Forensics In Illinois Case

Network Cargo Systems USA, Inc. v. Pappas is a short eDiscovery opinion from Illinois earlier this month. The opinion’s first paragraph lays out some factual background: Plaintiff… (“Network”), alleges that defendant Caroline Pappas, a former employee, downloaded and destroyed files from its computer system...

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Scanning Costs Are Taxable Even When “Merely For Discovery”

May 13, 14 Scanning Costs Are Taxable Even When “Merely For Discovery”

Posted in Costs, eDiscovery

Last month, a federal court in Texas issued an order in the case E.A.F.F. v. United States, where eDiscovery costs were the primary focus. The U.S. had filed a Bill of Costs with the following charges: Defendants seek “fees for exemplification and copies of papers necessarily obtained for use in the case” in the amount...

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Advocacy In The 21st Century: Killing The Goose That Laid The Golden Egg

Apr 28, 14 Advocacy In The 21st Century: Killing The Goose That Laid The Golden Egg

Posted in Costs, eDiscovery

By IT-Lex Member Ralph Artigliere We hear a lot these days about the vanishing jury trial. There many reasons why the overwhelming majority of civil cases are no longer decided by juries, the most prominent of which are cost and the time it takes for case resolution. The civil process through trial takes far too long, and...

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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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