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ARTICLE · 23 OCTOBER 2012

Records Management @ Gowlings: October 18, 2012 - Volume 3, Number 9

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This is a decision of the District Court of Pennsylvania mainly focusing on the issue of cost allocation of discovery before a decision on class certification.

CanadaLitigation, Mediation & Arbitration
Louis Frapporti
Louis Frapporti
Christopher Purdon
Christopher Purdon
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In this issue:

  • Legal Technology
  • News and Articles

LEGAL TECHNOLOGY

Case Law

Boeynaems v. LA Fitness International, LLC, No. 10-2326, 2012.

This is a decision of the District Court of Pennsylvania mainly focusing on the issue of cost allocation of discovery before a decision on class certification, as well as addressing the issue of a discovery "fence".

This was a typical case of asymmetrical discovery where the plaintiffs had very few documents in contrast to the defendant who possessed millions of documents and millions of items of electronically stored information ("ESI").  The central question was therefore the question of who should bear the cost of discovery.

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