by John Burchfield
Over the last few months, we have written about a court awarding eDiscovery costs as part of damages, sanctions issued for data produced without its metadata, and a judge ordering the defendant and plaintiff to use a single discovery provider. eDiscovery—and the costs associated with it—has definitely become a consistent issue in the courts.
I recently read a great blog post by Christopher Mendenhall on the eLessons Learned blog about cost shifting in eDiscovery. An eight-factor test, which was established by the Seventh Circuit, was used to determine if cost shifting was appropriate in Annex Books, Inc. v City of Indianapolis. The test was created to protect the responding party from “undue burden or expense.”
Read the full post here for more detail.