Boehning and Toal: Third Circuit Grants New Trial To Allow E-Discovery Expert Testimony

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.

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