Ball's lawyer attempted to hide his case in a paper blizzard and succeeded. Not only that, Ball "won" because gullible suckers believe it when they are told it has some bearing on the scientific findings behind the "hockey-stick" graph. Asking for the r-squared data at this point is like me asking you to show where you learned the alphabet and to prove that all your words are spelled correctly.
As for Penn State, a reasonable decision could have been based on comparing the cost to comply against the cost not to comply. If Barr wants to recoup his legal costs, he will have to file a motion with the judge or launch a separate lawsuit, which will put him in the position of being the party who has to show all his documents.