The question as to whether the prevailing side in a federal case can be reimbursed for eDiscovery costs could be resolved with a ruling in a Pittsburgh case, said Ballard Spahr partner Philip N. Yannella. The case, Race Tires America, Inc. v. Hoosier Racing Tire Corp., currently on appeal before the Third Circuit Court of Appeals, focuses on a ruling by the district judge ordering the plaintiffs to pay the prevailing defendant’s $367,000 eDiscovery bill at the conclusion of an $80 million antitrust case.

“A lot of people are looking toward the Race Tires case because it is the first appellate court to deal with taxation of eDiscovery costs in any real detail,” Mr. Yannella said. “I wouldn’t be surprised if the uncertainty in the law motivated folks to settle these issues.”