“Making Copies” — Third Circuit Substantially Curbs Race Tires eDiscovery Award

March 21, 2012
On March 16, 2012, the United States Court of Appeals for the Third Circuit in Race Tires America, Inc. v. Hoosier Racing Tire Corp. substantially limited the categories of eDiscovery costs that a prevailing party can tax against the losing party under Federal Rule 54(d). In this update, we examine the Court’s decision, the eDiscovery tasks the Court found taxable and the Court’s suggested alternatives under the Federal Rules for shifting eDiscovery costs to the opposing party.