Axis Ins. Co. v. American Specialty Ins. & Risk Servs., Inc. (December 2021)

Key Insight: The court affirmed the Magistrate’s order granting (in part) plaintiff’s motion to compel discovery to produce documents, to correct metadata issues and to pay expenses plaintiff incurred in pursuing the motion to compel. Defendant only objected to the Magistrate’s order on the fee request. The court adopted the magistrate judge’s order granting a provisional award of fees and costs. It found that the defendant’s opposition to the motion to compel discovery was not substantially justified under FRCP 37(a)(5)(A).

Nature of Case: Breach of Contract

Electronic Data Involved: ESI

Case Summary

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