Law360, New York (October 28, 2009, 3:09 PM ET) -- Once toxic tort litigation moves past the pleadings stage, corporate defendants frequently find themselves embroiled in lengthy, expensive and time-consuming discovery. In many cases, discovery costs approach, or even exceed, a defendant’s potential liability.
All too often, discovery becomes “not merely an impermissible fishing expedition[, but] an effort to dredge the lake in hopes of finding a fish.” Texaco Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995).
Given these dynamics, it is critical for defense counsel to challenge vague, overbroad claims as aggressively as possible...
The USS Twombly: Sinking Fishing Expeditions
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