Key ESI Cost-Shifting Decision Awarded to Spirit AeroSystems: Former CEO Handed $750,000+ Bill

Spirit AeroSystems, Inc., represented by the A+J Litigation Team, obtained a significant award shifting ESI discovery costs to Spirit’s former CEO, Plaintiff Larry A. Lawson. On October 29, 2020, U. S. Magistrate Judge Angel D. Mitchell, having previously granted Spirit’s motion to shift the expenses incurred in connection with a technology assisted review (“TAR”) of 300,000+ documents, awarded Spirit $754,029.46.  In what was an extended dispute over alleged discovery abuses and related expenses, Judge Mitchell noted that Federal Rule of Civil Procedure 26(c) authorizes the court to allocate discovery expenses upon a showing of good cause in order to protect a party from undue burden and expense.  In shifting the costs to Lawson, Judge Mitchell noted that “he insisted on pursuing the TAR even after it became disproportionate to the needs of the case.”   The case is Lawson v. Spirit AeroSystems, LLC, pending in the United States District Court for the District of Kansas, Case No. 6:18-cv-01100-EFM-KGS.  Lawson is represented by Willkie Farr & Gallagher LLP in New York.

You can read full articles about the ruling here as well as here.

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