Jensen v. eClinical Works, LLC
Jensen v. eClinical Works, LLC
29 Mass. L. Rep. 380 (Mass. Super. Ct. 2012)
January 26, 2012
Wilkins, Douglas H., Massachusetts Superior Court Justice
Summary
The trial court, apparently disgusted with the defendant’s lack of candor and failure to disclose, allowed the plaintiff’s discovery vendor to conduct an on-site visit to determine what should be searched for responsive information and shifted discovery costs to the defendant, despite the limited damages being sought. Although the defendant’s affidavit had attested to full production, the plaintiff found a number of publicly available sources of information showing complaints about the performance of the software, and argued that there must have been additional documents associated with the performance problems that were not produced.