Discovery is expensive. But the Fifth Circuit affirmed a district court order making it slightly less so, at least for a prevailing party. As part of a lengthy per curiam decision, the Court approved the use of 28 U.S.C. § 1920 to award costs related to TIFF image conversion, scanning, document formatting, and PDF image conversion. In doing so, the Fifth Circuit likened these costs to those for the “exemplification” and copying of case materials. Although the award of these costs may seem small beer to clients facing thousands of dollars in hosting fees and document review expenses, it is still a welcome attempt at proportionality under the current legal framework.

Source: United States ex rel. King v. Solvay Pharmaceuticals Inc., No. 16-20259 (5th Cir. Sept. 12, 2017) (per curiam)

Disclaimer: This website is for informational purposes only and is not intended as legal advice. Your access to, and engagement with, this website should not be construed as creating an attorney-client relationship. Any legal questions should be directed to an attorney licensed in your jurisdiction.

Opinions are my own and do not necessarily reflect the opinions of Spilman Thomas & Battle, PLLC,  its employees, or its clients. To contact me, please e-mail jschaeffer@spilmanlaw.com

Attorney Advertising Disclaimer: This website may be considered Attorney Advertising under the laws and rules of some jurisdictions. Each case is different, and outcomes depend on multiple factors, including the unique set of facts and applicable law. No attorney can guarantee a particular outcome in a given case.

I, Joseph Schaeffer, am solely responsible for the content of this website. My primary office address is located at 48 Donley St., Morgantown, West Virginia, 26501.