Also known as: undue hardship · undue hardship variance · variances allowed for undue hardship
Written by attorneys · grounded in primary & secondary sources — see below
A burden or difficulty that is so substantial that it justifies granting an exception or relief from a legal requirement or rule. The showing requires demonstrating that compliance would impose significant practical or financial strain that cannot reasonably be avoided while still achieving the underlying purpose of the rule.
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Maria sued Valley Regional Hospital after a surgical error. She sought the hospital's post-incident internal review packet prepared at the direction of in-house counsel. The hospital resisted production. The court denied the motion because Maria had not shown she could not obtain the substantial equivalent of the factual information through nurse depositions without undue hardship.
Apex Logistics sued Guardian Mutual over a warehouse fire claim. Apex sought the insurer's post-fire claim file notes prepared by adjusters at counsel's direction. Guardian withheld the notes as work product. The court ruled that Apex could obtain the notes only upon showing substantial need and inability to secure equivalent information without undue hardship through its own investigation.
Usha Upton operated a facility whose emissions substantially interfered with Ulrike Ulrich's neighboring property use. Ulrich sued for nuisance. The court found the invasion unreasonable because Upton could have installed feasible controls to reduce the harm in whole or in part without undue hardship to its operations.
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. The court must still protect against disclosure of mental impressions and legal theories even if production is ordered.
Yes. Communications from employees to corporate counsel made at the direction of superiors for the purpose of securing legal advice are protected. The protection extends to all corporate employees, not merely senior management, and applies to materials prepared in anticipation of litigation.
…for business, speculative, investment or other similar purposes is not permitted. To meet special situations and to avoid undue hardship or practical difficulties the Board of Directors may grant permission to an owner to lease his unit to a specified lessee for a period not less than four consecutive months nor more than…
…and exceptional situation of the property, the strict application of a zoning ordinance would result in exceptional and undue hardship
…if the harm to a neighbor is substantial and "it would be practicable for the actor to avoid the harm in whole or part without undue hardship
…an employee non-competition covenant as reasonable if it "simply protects the legitimate interests of the employer imposes no undue hardship
An intentional invasion is unreasonable if the harm is significant and the actor could practicably avoid the harm in whole or in part without undue hardship. The analysis weighs the gravity of the harm against the utility of the conduct and the feasibility of mitigation.
A party seeking an insurer's post-loss claim notes and investigator reports must show substantial need and inability to obtain equivalent information without undue hardship. Absent that showing the materials remain protected even though they contain factual content.