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December 14, 2011

3rd Circuit Hears Oral Arguments in Race Tires

MoneyThe Third Circuit Court of Appeals held oral argument on Monday in Race Tires America Inc., v. Hoosier  No. 11-2316 (3rd Cir. 2011) involving e-discovery cost taxation pursuant to 28 U.S.C. § 1920 and Federal Rule of Civil Procedure 54(d)(1). Philip Yannella’s recent LTN article addresses this hot topic and this specific case in Could E-Discovery Taxation Alter Discovery Paradigm?  

On Nov. 28, I reported on another appellate decision, In Re RICOH Company, LTD. Patent Litigation, No. 20-11-1199, (Fed. Cir. November 23, 2011), addressing EDD cost taxation in Federal Circuit Federal Circuit Takes on Database Cost Taxation.

The Third Circuit panel asked wide ranging and insightful questions involving the American Rule requiring each party to pay their own legal fees, cooperation, cost shifting and  cost reasonableness.  While we will have to wait until Third Circuit issues its opinion, you can listen to the argument and form your own opinion as to the direction the court will rule.



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