The USS Twombly: Sinking Fishing Expeditions

Law360, New York (October 28, 2009, 3:09 PM EDT) -- 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...
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