The rising cost of e-discovery is well-known by litigants, particularly corporate defendants with multiple terabytes of electronically stored information (ESI) that can become discoverable in litigation. For years, courts and litigants have struggled with the complexity and cost of e-discovery to the point that in many cases e-discovery has become the proverbial tail that wags the dog.

A pair of recent rulings from district courts in the 3rd Circuit, however, offers new hope for litigants hoping to control their e-discovery costs. In Race Tires America Inc., v. Hoosier Racing Tire Corp., a May 6 opinion, and Hank's Beverage Co. v. Ajinomoto Co., a July 26 case, district courts in the Western District of Pennsylvania and the Eastern District of Pennsylvania, respectively, approved the taxation of hundreds of thousands of dollars in e-discovery costs under Rule 54. ...