The Country Vinter vs. ESI Processing is not making copies. = United States Court of Appeals, Fourth Circuit. No. 122074 April 29, 2013
The Country Vinter Is the Exclusive Wholesaler of Wine. This does not matter:
begins supplying to other wholesalers Neither does this:
Know this: The Country Vinter sues
The Country Vinter vague not reasonably calculated... ambiguous overbroad not reasonably accessible undue burden expense motion for protective order Parties clash over ESI Know this too: Give us [fill in the blank] which leads to which was
Summary Judgement 2 months later... files a bill of costs $111,047.75 related to ESI produces ESI
ESI Processing is not making copies! = BUT REMEMBER (supra):
(Read Race Tires America again) Race Tires Am., Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158 (3d Cir.2012) CLICK HERE
District Court awarded $218.59
OUCH!
ON APPEAL AFFIRMED
OUCH! OUCH!
Does processing ESI constitute making copies? No. Race Tires America is persuasive