In an article published in the Legal Intelligence on November 8, 2011, Peter Vaira discussed the recent decision In Re The Aspartame Antitrust Litigation. In an order issued by Judge Legrome Davis, the Court upheld $510,137 in court costs to the prevailing party, mostly for e-discovery costs. See In Re Aspartame Antitrust Litigation, 06-cv-1732 Order, October 5, 2011.
The court awarded costs for various e-discovery procedures which have been given a variety of interpretation by various federal district and circuit courts. The extent of the discovery was described by the court as “staggering”. Judge Davis’ ruling is sure to offer guidance in future litigation on such issues. For a copy of Peter Vaira’s article please email p.vaira@vairariley.com.
For a complete discussion of court costs awarded to the winning party see Vaira, Eastern District Federal Practice Rules, Comment on Local Civil Rule 54.1 (Gann Law Books).