Electronic Discovery has Limits
Electronic discovery obligations is a rapidly evolving area important to insurers. On 7/19/07, a federal judge in New York, addressing an insurance dispute, rejected certain electronic discovery because the burden outweighed the benefit. National Union Fire Insurance Co. v. Clearwater Insurance Co., 2007 U.S. Dist. LEXIS 52770, 04-CV-5032, (S.D.N.Y. 7/19/07). Lesson: electronic discovery is broad, but it has limits; the FRCP burden test is meaningful.
