Make 'Em Pay

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We've complained before about the horrendous - and more than that, almost entirely one-sided - expense of ediscovery in prescription medical product liability litigation. It just seems to be getting worse. It's almost always a free shot for the other side, since plaintiffs simply don't have electronic databases. The only way to make the other side think twice about ediscovery it to make them, at least potentially, have to pay for at least some of the burden it creates. That's why we recently posted about a case from here in the Eastern District of Pennsylvania that taxed ediscovery costs against a losing plaintiff.

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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.

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