#CaseoftheWeek Episode 79: Evaluating the Reasonableness of Costs for Recovery under FRCP 37(b)

Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 79: Evaluating the Reasonableness of Costs for Recovery under FRCP 37(b)”

Episode 79 is the second and final part in this case law series relating to the Raymond James & Assocs., Inc. v. 50 N. Front St. TN, LLC matter. In Part I, Kelly Twigger discussed whether a party was subject to sanctions under FRCP 37(b) for producing 800,000 pages of documents without a responsiveness review following the court’s orders. 

This week, we review and analyze the decision from February 8, 2022 by United States Magistrate Judge Tu M. Pham. During the livestream Case of the Week, Kelly discussed the scope and basis of the award of costs and fees following the Court’s ruling granting sanctions for a party’s document dump of more than 800,00 pages with no responsiveness review, as well as the facts needed to support the request.

Keep reading or watch the video to understand the ediscovery issues.

Good morning and welcome to episode 79 of our Case of The Week series published in partnership with ACEDS.

My name is Kelly Twigger. I am the founder and CEO of eDiscovery Assistant, as well as the principal at ESI Attorneys. Thanks so much for joining me on our broadcast this morning.

As you know, if you’ve joined us on our Case of The Week series previously, each week we select a decision from our eDiscovery Assistant database that we look at to determine whether it’s got some practical implications for you to be able to exercise in your practice on a daily basis and leverage to the benefit of your clients.

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