Link to blog entry by Ralph Losey posted on e-Discovery Team, December 8, 2007:  Technical Ignorance in invalid grounds for inaccessibility under Rule 26(b)(2)(B)

Plaintiff’s counsel in a district court case in Colorado lacked the technical ability to open and read most of his client’s emails. He figured that since he could not read them, he did not have to produce them. Instead of producing the thousands of emails on a DVD containing his client’s college email, he just produced the ten he could read, and ignored the rest. Garcia v. Berkshire Life Ins. Co. of America, 2007 U.S. Dist. LEXIS 86639 (D. Colo. Nov. 13, 2007)….

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