Tag: Discovery

Progress in the Spirit of Rule 1: Introduction to the Duke Law Journal’s 2010 Civil Litigation Conference Issue

John G. Koeltl

On May 10 and 11, 2010, scholars, practitioners, and judges met at Duke University School of Law for the 2010 Civil Litigation Review Conference (Duke Conference). The Duke Conference was sponsored by the Advisory Committee on Civil Rules at the request of the Standing Committee on Rules of Practice and… Read More »

Sanctions For E-Discovery Violations: By The Numbers

Dan H. Willoughby & Rose Hunter Jones & Gregory R. Antine

E-discovery sanctions are at an all-time high.  We identified 230 sanction awards in 401 cases involving motions for sanctions relating to the discovery of electronically stored information (ESI) in federal courts prior to January 1, 2010.  We analyzed these cases for a variety of factors, including sanctioning court, sanctioning authority,… Read More »

Litigation Discovery Cannot Be Optimal But Could Be Better: The Economics of Improving Discovery Timing in a Digital Age

Scott A. Moss - University of Colorado Law School

Cost-benefit “proportionality” limits on discovery have long been prescribed by a wide range of commentators. The judiciary codified a proportionality requirement in Federal Rule of Civil Procedure 26(b)(2)(C) and later in e-discovery rules based on proportionality principles, such as the Rule 26(b)(2)(B) proviso that only upon “good cause” can there… Read More »


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