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Court reduces e-discovery costs award by more than 90 percent

3rd Circuit has a conservative view on what e-discovery costs are recoverable

However, when the case reached the 3rd Circuit, the court identified just three e-discovery costs that were recoverable in the case: the conversion of electronic files to a format that had been previously agreed upon by the parties, the scanning of paper documents to create digital duplicates and transferring VHS tapes to DVD.  

In his opinion, Judge Vanaskie cited the statute’s restriction of cost awards to fees for exemplification and copying and the “‘American rule’ against shifting the expense of litigation to the losing party,” saying these “define the full extent of a federal court’s power to shift litigation costs absent express statutory authority.”

Michael Kozubek

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