Cost-Shifting Decision Illustrates Power of Defensible eDiscovery Strategy

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In the second half of 2020, Kansas Magistrate Judge Angel D. Mitchell issued a novel and significant ruling to shift more than $750,000 in electronic discovery costs to the plaintiff in Lawson v. Spirit AeroSystems, Inc. The U.S. District Court of Kansas’ potentially precedent-setting application of Rule 26(c)(1)(B) in the decision came after the defendant, Spirit AeroSystems, demonstrated that the plaintiff’s discovery requests constituted “undue burden and expense.” This interpretation of the 2015 amendments to the FRCP makes the ruling one of the more significant pieces of recent eDiscovery case law.

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