Archive - June 18, 2020

Lawson v. Spirit Aerosystems, Inc. (D. Kan. June 18, 2020)
Lawson v. Spirit Aerosystems (Kansas, 2020)

Lawson v. Spirit Aerosystems, Inc. (D. Kan. June 18, 2020)

Key Insight: Cost shifting of the TAR costs to Plaintiff was warranted based on an analysis of the proportionality factors. Plaintiff was warned to narrow his discovery multiple times, continued to demand overbroad criteria for TAR, was aware of the potential costs of TAR, and was aware the discovery he sought led to largely non-responsive documents. Moreover, Defendant produced responsive documents by conducting its own search and production of documents outside of the TAR process.

Nature of Case: Breach of Contract, Non-Compete

Electronic Data Involved: Electronic Documents Generally

Case Summary

Lawson v. Spirit Aerosystems (Kansas, 2020)

Key Insight: When plaintiff was allowed to dictate defendant’s electronic discovery process, cost shifting to plaintiff is appropriate when electronic discovery performed was not proportionate to the case

Nature of Case: Employment non-compete agreement

Electronic Data Involved: Electronic records

Keywords: Cost shifting, technology assisted review, TAR, aerospace

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