Aversive discovery techniques that are used to confuse, slow down or create unnecessary work will not be tolerated by the court and could lead to case dismissal.
In this case, the defendant moved for sanctions based on the plaintiff's alleged “document dump" on the defendant. Specifically, the defendant contended that the plaintiff failed to follow the court's discovery order which included not using mutually agreed on search terms, failing to search all relevant computer systems, and producing documents in an “unclear" and “out of order" manner. The plaintiff argued that meeting the discovery plan's requirements would be “extremely costly" and that the defendant was not prejudiced by the document production.
Case Law Tip: Negotiate e-discovery orders with opposing counsel that utilize a phased e-discovery approach. Not only will this reduce costs, it will prevent the classic “document dump." Download this white paper on Phased E-Discovery Now.
Download the PDF version of the Applied Underwriters, Inc. v. American Employer Group case law analysis here.