“A recent opinion vacating most of the electronic discovery costs affirmed in Race Tires II provides clarity in the Third Circuit as to the limited scope of electronic discovery costs recoverable by a prevailing civil party…. In Race Tires America, Inc. v. Hoosier Tire Corp. (Race Tires III) (PDF), the U.S. Court of Appeals for the Third Circuit sought to provide “definitive guidance” on “the extent to which electronic discovery expenses are taxable” and vacated the majority of a $365,000 award of electronic discovery–related costs. … As we reported in our previous LawFlash on the topic of “Loser Pays,” a prevailing civil party may recover nonattorney-fee “costs” under Federal Rule of Civil Procedure 54(d)(1). Rule 54(d)(1) is limited, however, by 28 U.S.C. § 1920, which enumerates the expenditures that are taxable against the losing party. In particular, § 1920(4) specifies that “[f]ees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case” are recoverable costs. However, the interpretation of Rule 54(d)(1) and 28 U.S.C. § 1920(4) as applied to electronic discovery activities is unsettled.”
For full article see: Loser Pays Most Electronic Discovery Costs? Not So Fast | Morgan Lewis – JDSupra.
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