Maximum Human Performance, LLC v. Sigma-Tau Healthscience LLC, No 12-cv-6526-ES-SCM, 2013 WL 4537790 (D.N.J. Aug. 27, 2013)

Key Insight: Upon third party?s objection to Defendant?s subpoena and its motion for cost shifting, the court found that the third party both had an interest in the litigation and an ?ability to pay all or most of the costs to comply with the subpoena? but nonetheless concluded that ?it would not bear all of the costs of compliance? and thus ordered the third party to select an e-Discovery vendor to search the key words agreed upon and ordered that Defendant shall reimburse the third party ?one third of the vendor costs to harvest the electronically stored information?

Nature of Case: Product liability

Electronic Data Involved: ESI