One of the largest cases in the U.S. today is a consolidated group of price-fixing cases in District Court in Chicago. In Re Broiler Chicken Antitrust Litigation, 290 F. Supp. 3d 772 (N.D. Ill. 2017) (order denying motions to dismiss Read More …
Tag: discovery
Disproportionate Keyword Search Demands Defeated by Metric Evidence of Burden
The defendant in a complex commercial dispute demanded that plaintiff search its ESI for all files that had the names of four construction projects. Am. Mun. Power, Inc. v. Voith Hydro, Inc. (S.D. Ohio, 6/4/18) (copy of full opinion below). Read More …
Proportionality Analysis Defeats Motion for Forensic Examination
It is rare of a judge to change their mind after making a decision. It is rarer still for a judge to celebrate doing so in a written opinion for the world to see. But that is exactly what Magistrate Read More …
Project Cost Estimation Is Key To Opposing ESI Discovery as Disproportionately Burdensome Under Rule 26(b)(1)
If you are opposing ESI discovery as over-burdensome under Rule 26(b)(1), then you MUST provide evidence of the economic burden of the requested review. You cannot just say it is over-burdensome. Even if it seems obvious, you must provide some Read More …
Document Review and Proportionality – Part Two
This is a continuation of a blog that I started last week. Suggest you read Part One before this. Simplified Six Step Review Plan for Small and Medium Sized Cases or Otherwise Where Predictive Coding is Not Used Here is Read More …