Race Tires America: District Court Identifies Another Tool to Shift E-Discovery Costs

May 16, 2011
In a recent decision, a federal district court in Pennsylvania highlighted a procedural tool that prevailing parties may use to recover at least a portion of their e-discovery costs. In Race Tires America, Inc. v. Hoosier Racing Tire Corp., No. 2:07-cv-01294-TFM (W.D. Pa.), the court ordered the plaintiff to pay more than $367,000 in e-discovery costs to the two defendants who won at summary judgment. Highlighting the highly technical nature of the e-discovery tasks performed, as well as the plaintiffs’ own conduct during discovery that caused the defendants to incur those costs, the decision underscores some important practical considerations for best positioning any litigant for a successful recovery of such costs at the end of a case. This update examines this ruling.