3rd Circ. Limits E-Discovery Costs Against Losing Parties

Law360, New York (March 19, 2012, 7:33 PM EDT) -- The Third Circuit found Friday that losing parties only have to partially cover e-discovery costs, slashing an award of more than $365,000 in e-discovery costs against Race Tires America Inc. to $30,000 in its failed market monopoly suit against a competitor.

A three-judge panel held that federal law allows courts to award costs including exemplification, which involves authenticating public records, as well as certain costs of making necessary copies, finding that none of the e-discovery activities in the current case counted as exemplification, and that the...
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