FAILURE TO PRODUCE E-DISCOVERY AND THE HONEST MISTAKE DEFENSE

In the case of R & R Sails, Inc. v. Insurance Company of the State of Pennsylvania, Case No. 07-cv-0998-H (POR) (S.D.Cal., Apr. 18, 2008), the court held that overlooking e-discovery information due to honest mistake may serve to avoid court-imposed sanctions. Though, the court found proper to impose sanctions upon the party claiming to have omitted production due to honest mistake when a reasonable inquiry into the nature of the requested material might have prevented the mistake from occurring.

The following questions have been addressed in this article:

What were the defendant’s reasons for not fully complying with the production demand?
Why did the court impose sanctions on the defendant?
What sanctions did the court impose on the defendant?

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