Klipsch makes some of the best speakers in the world, especially their high-end Klipschorn speaker series shown here. The Second Court of Appeals used a Klipsch in a dispute recently to sound an alarm about e-discovery abuse and how it Read More …
Tag: PROPORTIONALITY
Elusion Random Sample Test Ordered Under Rule 26(g) in a Keyword Search Based Discovery Plan
There is a new case out of Chicago that advances the jurisprudence of my sub-specialty, Legal Search. City of Rockford v. Mallinckrodt ARD Inc., 2018 WL 3766673, Case 3:17-cv-50107 (N.D. Ill., Aug. 7, 2018). This discovery order was written by Read More …
Responding Party’s Complaints of Financial Burden of Document Review Were Unsupported by the Evidence, Any Evidence
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 …
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 …