Also known as: unduly burdensome · FRCP 26(b)(2)(C) · proportionality
Written by attorneys · grounded in primary & secondary sources — see below
A standard used to evaluate whether a requirement, condition, regulation, or discovery request imposes excessive cost, effort, or restriction relative to the needs of the case, the amount in controversy, the importance of the issues, or the constitutional interests at stake.
Nova Pharmaceuticals sued Nexus Technologies for patent infringement and served requests for ten years of server logs stored on obsolete tapes. Nexus showed that restoration would cost over four hundred fifty thousand dollars and take months. The court denied the motion to compel because the requests were not unduly burdensome given the needs of the case and the amount in controversy.
Nathaniel Newman sought a building permit to expand his commercial property. The city demanded a large cash payment for unrelated park improvements. The court held the demand not unduly burdensome only after confirming a direct nexus and rough proportionality to the project's traffic impact.
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Natasha Nielsen challenged a state law requiring physicians to provide specific disclosures before performing abortions. The court upheld the requirement because the mandated statements were not unduly burdensome on the woman's decision-making process.
Neil Nair sought to expand his church under a local zoning ordinance. The city imposed extensive documentation requirements. The court found the requirements not unduly burdensome because they did not substantially interfere with religious exercise.
Nora Nash obtained a large punitive award against Norton Bank. The bank argued the award was not unduly burdensome only if it remained proportional to the actual harm and the bank's conduct.
Nigel Nelson challenged a handgun possession ban. The court held that a registration requirement was not unduly burdensome because it left ample channels for lawful self-defense in the home.
A request becomes unduly burdensome when the cost or effort of compliance outweighs the needs of the case, the amount in controversy, and the importance of the issues. Courts weigh prior discovery already conducted and the parties' resources. If the burden is excessive, the court may limit or deny the request.
Monetary exactions are subject to the same nexus and proportionality tests as property dedications. A demand lacking an essential nexus or rough proportionality to the project's impact is treated as an unconstitutional taking.
A covenant to pay for shared services becomes unduly burdensome when the obligation grows excessive relative to the value the burdened land actually receives. Courts may modify or terminate the covenant after accounting for the service provider's reasonable reliance investments.
…'constitutional right to an abortion,' as the District Court seemed to think. Rather, the right protects the woman from unduly burdensome interference with her freedom to decide whether to terminate her pregnancy." See also Doe v. Bolton , 410 U. S. 179, 198 (1973) ("[T]he interposition of the hospital abortion committee…