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6 Months of Case Law Under the New FRCP

Wednesday, August 10, 2016

In case law from December 2015 through June 2016, patterns have emerged on how the courts are reacting to the new language in FRCP 26(b)(1) and 37(e). Listen to FRCP guru Tom Allman and the Honorable Magistrate Judge Elizabeth Preston Deavers for an in-depth look at how judicial opinions across circuits are incorporating the new FRCP discovery standards. For example:

  • When Rule 26(b)(1) was amended to focus more heavily on proportionality and remove the “reasonably calculated” language, legal professionals debated whether a sea change would occur. What are judicial opinions saying about scope of discovery? 
    • “[T]here is no reason why both sides should not be required to address the issue of proportionality.” Wilmington Trust Co. v. AEP Generating Co.
  • Amended Rule 37(e) now includes protections for parties who take reasonable steps to preserve data. How is case law providing guidance as to when and why judges are imposing sanctions?
    • “The Court will not use a ‘perfection’ standard or hindsight in determining the scope of Plaintiff’s duty to preserve ESI.” Marten Transp., Ltd. v. Plattform Adver., Inc.

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6 Months of Case Law Under the New FRCP

Wednesday, August 10, 2016

The Honorable Magistrate Judge Elizabeth Preston Deavers is a U.S. Magistrate Judge for the Southern District of Ohio. Prior to her appointment to the bench, she practiced privately as a litigation attorney and also served as a law clerk to United States District Judge Edmund A. Sargus, Jr.

Tom Allman is a retired General Counsel who currently serves as an Adjunct Professor of Law at the University Of Cincinnati College Of Law. He practiced commercial litigation as a partner prior to becoming Senior Vice President, Chief Compliance Officer, and General Counsel of a large corporation in the early 1990s. He closely follows ediscovery rulemaking in state and federal courts and has published widely on the topic.

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