ADA Decision Highlights “Proportionality” Limits

An inclusive ‘”give us everything and the kitchen sink” approach to e-discovery, without limiting requests in view of proportionality and the facts of the case, is rapidly becoming a thing of the past, writes David Horrigan in this Today’s General Counsel article. For a telling example, he looks at a recent case, Lieberg v. Red Robin Gourmet Burgers, Inc., a class action filed in federal court in Washington state “on behalf of all wheelchair users who have attempted, or will attempt, to utilize the parking facilities at locations for which Defendant owns and/or controls the parking facilities.” In Lieberg, even sympathetic ADA plaintiffs were no match for the proportionality imperative, which became operative as part of the Federal Rules of Civil Procedure in December of last year.