cooperation
Defendant’s failure to produce discovery ‘no one’s fault but its own’
The court precluded the defendant’s non-disclosed evidence, granting summary judgment for the plaintiff, as the failure to disclose was in bad faith.
Doctrine of unclean hands has ‘no place’ in discovery analysis
The court rejected a party’s argument that his opponent’s shortcomings justified his own deficient discovery responses as a “playground tantrum.”
Judge notes that while clowns are scary, ESI is not
In this pharmaceutical case, the court ordered the parties to randomly sample the ESI null set for responsiveness after keyword searching.
What Is Cooperation in Ediscovery?
What is cooperation in ediscovery? Learn why collaborative ediscovery is required by the FRCP, how it controls costs, and why preparation is critical.
Court Calls Cost Shift for Review of Withheld Documents Disproportional
In trade secret theft case, Nachurs Alpine Sols. Corp. v. Banks, the court refused request to shift costs to review withheld documents as disproportional.
UPS Avoids ‘Undue Burden’ of Producing Archived Backup Tape
In Solo v. UPS, the court ruled that producing archived data was an undue burden for UPS. FRCP 1 & Rule 26(b)(1) led the court…
