Limit On Discovery Sanctions May Cost Plaintiffs Key Docs

Law360, New York (October 18, 2013, 8:21 PM ET) -- Proposed changes to federal discovery rules would make it more difficult for judges to impose sanctions on litigants for failing to preserve information relevant to a case, which critics believe would give companies less incentive to retain documents that could hurt them in a lawsuit.

As part of a larger suite of potential changes to the discovery process, a rules committee has proposed limiting sanctions for preservation gaps to actions that "caused substantial prejudice in the litigation and were willful or in bad faith" or "irreparably...
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