E-DiSCOVERY

On July 13, 2016 the Tax Court basically found that the use of predicting coding does not alter discovery standards for response completeness. This is the background: In September 2014 the Tax Court found that predictive coding is an expedited and efficient form of computer-assisted review that allows parties in litigation to avoid the time and costs associated with the traditional, manual review of large volumes of documents and granted Petitioners’ request to use predictive coding Read more [...]

Court Limits Request for Social Media to Certain Relevant Information On August 19, 2016, a Louisiana Middle District Court granted a motion to compel discovery of social media postings. In this personal injury case, Movant sought, among other requests, an order compelling a “more complete responses” to his request for production concerning plaintiff’s social networking websites. The Court deemed the discovery request to be overly broad. However, it still required Plaintiff to respond Read more [...]

On August 11, 2016, a Pennsylvania District Court granted a motion to compel discovery since request was “proportional to the needs of the case” In this breach of agreement case, the parties disagreed about the scope of discovery. Plaintiff moved to compel Defendant to allow for a broad search of his electronic devices. Defendant objected “discovery search request as being overly broad and invasive, and argued that his own proposed electronically-stored information search protocol is “more Read more [...]

On July 29, 2016, the Washington District Court found that the requesting party is responsible for the costs to retrieve archived emails discoverable under Fed. R. Civ. P. 26(b)(1). In this case Plaintiff did not meet his burden to show good cause, which would have overcome Defendant’s showing that producing the archived emails was costly and burdensome. However, the archived emails were “discoverable” under Fed. R. Civ. P. 26(b)(1). As a consequence in this case, upon Plaintiff’s request, Read more [...]