In weighing where the burden of cost should fall for e-discovery in a case that could turn into a class action, a federal judge in Pennsylvania has ruled that given the possibility for class certification and the amount of material already produced by the defendant, the scale tips toward the plaintiffs to pay for further discovery, including both electronic and paper files.
Ruling in an apparent case of first impression nationally, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania ruled that the cost of additional discovery would shift to the five named plaintiffs, represented by Berger & Montague.
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