The US Third Circuit Court of Appeals limits the prevailing party’s recoverable costs from e-discovery to the equivalent of making copies in the motor racing industry (Race Tires Am./Hoosier Racing Tire Corp.)

On March 16, 2012, the Third Circuit Court of Appeals weighed into a debate raging among district courts on whether broad e-discovery costs are taxable on the bill of costs under 28 U.S.C.A. § 1920 and thus recoverable by the prevailing party. Race Tires America, Inc. v. Hoosier Racing Tire Corp., No. 11-2316 (3d Cir. Mar. 16, 2012). The court’s analysis starts with Fed. R. Civ. P. 54(d)(1), which states that “unless a federal statute, these rules, or a court order provides otherwise, costs — other than attorney’s fees — should be allowed to the prevailing party.” These costs include “fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case.” 28 U.S.C.A. § 1920(4). Thus, the critical determinations are which

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Carla R. Walworth, The US Third Circuit Court of Appeals limits the prevailing party’s recoverable costs from e-discovery to the equivalent of making copies in the motor racing industry (Race Tires Am./Hoosier Racing Tire Corp.), 16 March 2012, e-Competitions Bulletin March 2012, Art. N° 62466

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