The recent opinion from the U.S. District Court for the Eastern District of Pennsylvania in Vaughn v. LA Fitness, Civ. Nos. 10-2326, 11-2644, 2012 U.S. Dist. LEXIS 115272 (E.D.PA. Aug. 16, 2012), provides a thoughtful review of factors a court should consider when moved to abandon the "American rule" under which each party bears its own litigation costs and shift costs from the producing to the requesting party, as well as a well-considered application of those factors to the instant matter. Given the large cost of e-discovery in many matters, review of the opinion can be of great service to the practitioner.
Building a Case for Cost-Shifting in E-Discovery
The Legal Intelligencer
September 4, 2012
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