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The American IllnessEssays on the Rule of Law$
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F. H. Buckley

Print publication date: 2013

Print ISBN-13: 9780300175219

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300175219.001.0001

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The Allocation of Discovery Costs and the Foundations of Modern Procedure

The Allocation of Discovery Costs and the Foundations of Modern Procedure

Chapter:
(p.201) The Allocation of Discovery Costs and the Foundations of Modern Procedure
Source:
The American Illness
Author(s):

Martin H. Redish

Publisher:
Yale University Press
DOI:10.12987/yale/9780300175219.003.0009

This chapter discusses the problem of discovery costs and the cost allocation model and control of excessive discovery. It discusses the proposal of allocating all discovery costs to the plaintiff. As the party who both initiates the discovery and benefits most as a result of it, the plaintiff should bear the costs on fundamental principles of quasi-contract or quantum meruit.

Keywords:   discovery costs, cost allocation model, discovery, plaintiff, quasi-contract, quantum meruit

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