Knotty Issues of eDiscovery
My God, is it true? Did a Prevailing Party recover virtually all of its eDiscovery costs? The answer is yes, thanks to a case in Colorado. United States District Judge Christine M. Arguello opened her order denying the Plaintiff’s motion to review the clerk’s taxation of costs with the following: Because[…]
Read moreTaxation of cost cases involving eDiscovery often end with the prevailing party not recovering any costs. However, in the true spirit of “think different,” Apple was able to recover $238,102.66 in costs for “the amounts associated with electronic preparation and duplication, not the intellectual effort involved in the production, such[…]
Read moreJudge Young B Kim posed an interesting question for a party seeking costs for the hosting of ESI to review: Applying these principles [Race Tires, Rawal, & Johnson] to the specific question of online hosting costs, this court finds that these costs may be recoverable only if hosting amounted to “copying”[…]
Read moreThe best way to get requesting parties to take proportionality seriously is to award a prevailing party $71,611.52 for hosting eDiscovery for review and production. The taxation of eDiscovery costs pursuant to 28 U.S.C. 1920(3)-(4) warrants serious modification as we debate the proposed Amendments to the Federal Rules of Civil[…]
Read moreNothing says Merry Christmas like winning eDiscovery costs. One party was able to get over half the gifts on their Christmas List from the Court as taxable costs. The Defendants submitted eDiscovery costs over $40,000, which was nearly two-thirds of the Defendant’s bill of costs. A service provider made up[…]
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