Extract from H. Christopher Boehning and Daniel J. Toal’s article “Third Circuit Grants New Trial To Allow E-Discovery Expert Testimony”
Three years ago, we wrote about GN Netcom v. Plantronics, a federal district court case notable for imposing severe sanctions on a company under then-recently enacted Federal Rule of Civil Procedure 37(e) for an executive’s intentional spoliation of evidence. Recently, the U.S. Court of Appeals for the Third Circuit issued a decision in the case that is notable for a different reason. The Third Circuit remanded the case for a new trial solely on the basis of the District Court’s decision to exclude an expert’s trial testimony on the extent of the defendant’s e-discovery misconduct and spoliation. This case demonstrates the true impact and value that experts can have not only in discovery, but also on the potential outcome of the matter itself.
Read more here (reg. required)
