Also known as: excessive hardships · undue hardship
Written by attorneys · grounded in primary & secondary sources — see below
A burden or difficulty so substantial that a party cannot reasonably be expected to bear or overcome it.
After Garcia Manufacturing sued Horizon Mutual for bad-faith denial of coverage, Garcia sought the adjuster's post-demand notes and reserve calculations. Horizon withheld them as work product. Because Garcia offered no evidence that it could not obtain the same facts through depositions or other means, the court denied the motion to compel.
After cracks appeared in steel beams, Summit Builders' outside counsel directed site engineers to prepare investigation memos. Apex Steel sought the memos in discovery but made no showing that it could not obtain the underlying facts by deposing the engineers. The court therefore denied the motion to compel.
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Edgewater Capital operated a facility whose emissions substantially interfered with Eugene Ellsworth's neighboring farm. Because it would have been practicable for Edgewater to install filtration equipment that would eliminate most of the harm, the invasion was unreasonable and subject to injunction.
The requesting party must demonstrate both substantial need for the materials to prepare its case and that it cannot obtain their substantial equivalent by other means without undue hardship.
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Yes. Materials prepared by a party's employees or agents at the direction of counsel in anticipation of litigation receive work-product protection, even when the preparer is not an attorney.
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An invasion is unreasonable when the harm is significant and the actor could practicably avoid the harm in whole or in part without undue hardship.
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A sentencing court may consider whether imprisonment would entail excessive hardship to the defendant or the defendant's dependents when deciding whether to impose a sentence of imprisonment.
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…agreement was not supported by consideration and that the restrictions in the agreement were overly restrictive and imposed an undue hardship on him. {¶ 4} Columber could remember very little about the presentation or execution of the noncompetition agreement. He could not remember whether he had been told that his continued…