Case Law
Ediscovery Costs: Appellate Court Finds That Imaging Costs Are Taxable
The court affirmed the district court's ruling that imaging was properly considered a taxable e-discovery cost under 28 U.S.C. ยง 1920(4).
The Duty to Preserve Has Limits That Can Be Tricky To Define
There are limits to the duty to preserve. Uncertainty does not mean parties have the duty to preserve all evidence in case it becomes relevant.
Update: University of Oregon to Change Policy Regarding the Handling of Confidential Therapy Records
In response to a litigation hold notification the University of Oregon improperly handled a student's therapy records.
Kansas Court Shuns the Duty to Preserve
In this employment-related claims case, the plaintiff sought sanctions against his former employer, Kiewit Power Constructors, for spoliation.
A Blue Light Special for Kmart: No Sanctions Where Reasonable Reasons Prevail
Kmart avoids sanctions for spoliation after showing document retention policies, restructuring and tech changes made ESI unavailable
Court Acknowledges That the Duty to Preserve Has Limits
Court rejects request for sanctions due to plaintiffs' failure to produce text messages because the loss was the result of routine, good faith operation.
