Last month, in In Re Pradaxa (Dabigatran Extexilate) Products Liability Litigation, a federal judge in the Southern District of Illinois ordered the defendants in a multi-district litigation (MDL) product liability case to pay nearly $1 million in sanctions for repeated and bad faith discovery violations, primarily based on the defendants’ failure to adequately preserve electronic files and text messages of key custodians. The court attributed many of the discovery failures to the “gross inadequacy” of the defendants’ litigation hold.

While the court’s decision to issue sanctions in this case is likely limited to the specific facts of this case – namely, the defendants’ reported multiple and repeated discovery failures – the case nonetheless demonstrates certain important considerations for litigants in assessing their preservation duty: (1) the need for potentially broad preservation efforts in large, complex cases; (2) the need to reassess and possibly expand preservation notices as litigation develops; (3) the potential value of coordinating with the other side, and possibly the court, on the scope and recipients of preservation notices; and (4) the potential need for specialized e-discovery counsel as challenges begin to accumulate.

Continue Reading Repeated E-Discovery Failures Lead to $1 Million Sanctions