Shielding Corporate Execs From Depositions After GM Ruling

Law360 (June 16, 2021, 5:36 PM EDT) -- In a decision that should be top of mind for corporate litigants and their counsel, the Georgia Court of Appeals recently ordered Mary Barra, the CEO of General Motors Co., to appear for deposition in a single-plaintiff failure-to-warn product liability case, General Motors LLC v. Buchanan.

In so doing, the court dealt the latest blow to what has long been known as the apex doctrine. This doctrine has been used for decades in state and federal courts as a shield by corporate defendants to limit, if not avoid, depositions of employees at the apex of their organizational charts.

The doctrine's application...

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