In 2011, we saw the continuation of some judicial and user trends, the emergence of others and the potential that constellations of cases could signal new trends. In this look-back column, we’ll discuss what we saw.
Taxing E-Discovery
The 3rd U.S. Circuit Court of Appeals’ ruling in Race Tires America v. Hoosier Racing Tire , which held that the losing party would have to reimburse the prevailing party for approximately $370,000 in e-discovery costs, grabbed the attention of e-discovery bloggers and practitioners both. Obviously, parties — at least in the courts of the 3rd Circuit, and perhaps elsewhere as the opinion’s influence spreads — making large e-discovery demands will think twice, knowing that if they lose, they will be forced to pay the cost of fulfilling that demand.
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