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Litigation: Be careful what you ask for—you might have to pay for it

A recent opinion may offer relief for companies faced with large e-discovery requests

It is undisputed that electronic discovery has greatly increased the costs associated with litigation. In an opinion that should give some relief to in-house counsel and give plaintiffs some reason to pause before issuing sweeping requests for electronic discovery, a judge in the Western District of Pennsylvania affirmed a clerk's approval of a reimbursement of nearly all of the costs associated with electronic discovery.

The plaintiff in Race Tires America Inc. v. Hoosiers Racing Corp. commenced an action against Hoosier Racing Tire Corp. (Hoosier) and Dirt Motor Sports Inc. (DMS) alleging violations of various antitrust laws. During the course of discovery, the plaintiff issued over 200 requests for discovery, demanded that the defendants use over 400 search terms and provided specific details regarding the form in which documents should be produced. After prevailing on their motion for summary judgment and in the subsequent appeal, the defendants filed a bill of costs, seeking principally the costs associated with electronic discovery.

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Matthew Ingber

Matthew Ingber is a litigation partner at Mayer Brown.

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