E-Discovery Fee Shifting?

more+
less-

Maybe.

From what we can tell from the recent opinion in Race Tires America Inc. v. Hoosier Racing Tire Corp., 2011 WL 1748620 (E.D. Pa. May 6, 2011), that case was one of those e-discovery wars where the parties went at one another hammer and tong, and for long periods e-discovery disputes all-but-obscured the merits of the suit. Id. at *5.

The underlying facts almost don’t matter. Suffice it to say that the plaintiff, a tire manufacturer, was caught outside looking in when the governing body for the “sport” of dirt-track auto racing signed an exclusive tire supply contract with a competitor. Plaintiff filed an anti-trust action as a result. That’s enough about the merits.

Plaintiff lost. Race Tires America, Inc. v. Hoosier Racing Tire Corp., 660 F. Supp.2d 590 (W.D. Pa. 2009). Plaintiff lost again on appeal. Race Tires America, Inc. v. Hoosier Racing Tire Corp., 614 F.3d 57 (3d Cir. 2010). Then it came time to pay the piper for all those e-discovery follies.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Civil Remedies Updates, Electronic Discovery Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dechert LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »