Complex Litigation and E-Discovery

E-Discovery in the Class-Action Context: Making the Case for Cost-Shifting

, New Jersey Law Journal


The respective e-discovery burdens of would-be class plaintiffs and defendants are grossly asymmetrical, the burden being solely on the class-action defendants. Some courts recognize these inequities and shift to class-action plaintiffs and their counsel some of the e-discovery cost burdens that ordinarily fall only on the defense. But what does it take to arrive at such a ruling?

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