E-Discovery Update: Louisiana Third Circuit Affirms Defendant's Authority To Govern Its Own E-Discovery Protocols

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The Louisiana Third Circuit recently affirmed a trial court discovery ruling that allowed the defendant to design its own e-discovery protocol without input from plaintiffs. In doing so, the Third Circuit bolstered the longstanding principle that trial courts have considerable discretion over discovery issues.

Appellate decisions on e-discovery in Louisiana are rare due to the considerable discretion granted to trial courts on discovery issues; thus, it is worth paying attention when one pops up. The Louisiana Third Circuit recently released such a decision in Acadiana Renal Physicians, A Medical Corp. v. Our Lady of Lourdes Regional Medical Center, Inc., 23-0372 (La. App. 3 Cir. 6/28/23), –So. 3d–, whereby the court affirmed the trial court's discretion to deny the plaintiffs' demand for control over the defendant's e-discovery protocols.