It’s been two years since the Federal Rules of Civil Procedure were remodeled (actually, more of a teardown-and-rebuild job). As expected, the courts are deep into the messy process of applying law to facts.
That’s stirring up lots of uncertainty for inside and outside counsel alike. That spurred Exterro, an e-discovery and information governance software company, to compile a list of the Top 10 e-discovery cases of 2017. The #1 case, which is based on the most popular briefs in the Exterro e-discovery library, is Goodyear Tire & Rubber Co. v. Haegar, a rare foray into e-discovery by the U.S. Supreme Court. For our money, however, #10 is the money case. In Fischer v. Forrest, Judge Andrew Peck, an e-discovery wonk from the Southern District of New York, issued a “wake-up call to the Bar” when he held that Rule 34 has very sharp teeth, at least in his district. “[A]ny discovery response that does not comply with Rule 34’s requirements to state objections with specificity will be deemed a waiver of all objections (except as to privilege),” he wrote.
Napping now?
Published January 9, 2019.
