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Court of Chancery Demonstrates its Understanding of Modern Discovery

Posted In Discovery

eBay Domestic Holdings, Inc. v. Newmark, C.A. 3705-CC (October 29, 2009)

Modern discovery is often subject to problems, particularly with electronic "documents." As a result, some courts have imposed harsh sanctions for a party's failures to follow all the requirements. While not in any way excusing those failures, this decision shows that the Court of Chancery is aware of the difficulties involved. The Court held that only deliberate failures to follow the rules will be sanctioned by a fee award.

The opinion is also noteworthy for the discussion of a party’s offer to help the Court do an in camera document review. That offer took a lot of nerve to make and, characteristically, the Court politely declined the offer to do its job for it.

Tags: Discovery
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