Race Tires Am., Inc.l v. Hoosier Racing Tire Corp.

In a Sherman Act case, the district court held that more than $365,000 in charges imposed by the electronic discovery vendors, covering hard drive imaging, data processing, keyword searching, and file format conversion, were taxable under FRCP 54(d), without differentiating between those charges that constitute "fees for exemplification," and charges that constitute "costs of making copies," 28 U.S.C. 1920(4). The Third Circuit affirmed in part and vacated in part, noting conflicting decisions by other courts. None of activities at issue can be regarded as exemplification of materials; only scanning and file format conversion can be considered to be making copies, an activity that amounts to approximately $30,000 of electronic discovery charges taxed in the case.View "Race Tires Am., Inc.l v. Hoosier Racing Tire Corp." on Justia Law