Court Forces Defendant to Come to Terms with Plaintiff Search Request – eDiscovery Case Law

http://ow.ly/kpxFD

An article by Doug Austin appearing on the eDiscovery Daily Blog. The article looks at the case Robert Bosch LLC v. Snap-On, Inc., No. 12-11503, (D. ED Mich. Mar. 14, 2013), in which the court ordered the defendant to utilize the search terms requested by the plaintiff but failed to impose sanctions.  The dispute centered on 2 additional search terms the plaintiff's requested but the defendant's rejected, arguing that they were not likely to produce additional relevant materials.

The article states, "It’s interesting that the defendant didn’t provide document retrieval counts and try to argue on the basis of proportionality. Perhaps providing the counts would reveal too much strategy? Regardless, it seems that the wildcard search for “test” could be argued as potentially overbroad – there are 60 words in the English language that begin with “test”. It looks like somebody is getting “wild” with wildcards!"