No such thing as Plain Language in E-Disco—Court Called on to Define “Making...
Phillips v. WellPoint, Inc., involved an application for costs by the prevailing defendant, WellPoint. Among the costs sought to be recovered by WellPoint were $83,642.83 for “the process of scanning...
View ArticleMovin’ On Over: Shifting Burdens and Costs
The defendants in Conn. Gen. Life Ins. Co. v. Scheib objected to five of the plaintiff’s Requests for Production of Documents (“RFPs”) because they would be unduly burdensome to produce. Thus, the...
View ArticleProportionality Applies to International Trade Disputes As Well
In Timken Co. v. U.S., the plaintiff (“Timken” or “Plaintiff”) challenged the decision of the Department of Commerce, International Trade Administration (“Commerce”), denying Plaintiff access to...
View ArticleHow Generous Can a Court Be in Rewarding Legal Fees As a Result of Violation...
When a party’s violation of discovery rules causes added legal expenses to its adversarial, courts appear to be very generous in approving fee applications. An application only needs to provide...
View ArticleWhen Will There Be a Presumption that ESI Is Inaccessible?
Parties requesting e-discovery speak up or forever be subject to possible cost-shifting. Generally, the responding party bears its own costs of complying with discovery requests; however, the rules of...
View ArticleNever Spend Your Money Before You Have It, And Never Allege Discovery Issues...
Author: Ashley E. MorganCase Citation: Physicians All. Corp. v. WellCare Health Ins. of Ariz., Inc., No. 16-203-SDD-RLB (M.D. La. Feb. 27, 2018) Employee/Personnel/Employer Implicated: Defendant...
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