Judge rules that disclosure cost must be split

Category: Electronic Disclosure

14 September, 2012

The sheer volume of data involved in disclosure is starting to influence the rulings of some cases.

This is according to a district judge who warned that in the current climate disclosure can be a significant burden during decisions about how the financing of disclosure should be split between plaintiffs and defendants.

"[D]iscovery burdens should not force either party to succumb to a settlement that is based on the cost of litigation rather than the merits of the case," explained Judge Michael Baylson.

"Economic motivation and fairness are relevant factors in determining cost-shifting of disputed discovery burdens."

In the case between Boeynaems v. LA Fitness International, LLC, in which the defendants have already produced a substantial amount of information, Judge Baylson ruled that further costs should fall to the plaintiffs.

Often in modern litigation, some of the biggest costs are related to the discovery of electronically stored information.

Electronic Disclosure– Kroll Ontrack has the technological strength, expertise, and commitment to ensure your success in managing small e-disclosure projects as well as large volumes of electronic evidence legally, accurately and cost-effectively.