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CPSC Database May Mean Messy Discovery Battles

Law360 (February 28, 2011, 6:11 PM EST) -- As the Consumer Product Safety Commission moves closer to launching its much-debated online forum to broadcast consumer grievances, defense lawyers are anticipating long and contentious discovery battles to keep those grievances out of the courtroom.

Attempts to bar the information via motions in limine will become standard practice, and debates over whether the database constitutes hearsay will take center stage, attorneys told Law360.

"If the evidence gets into the record at all, the damage is done for defendants," said Beth Naylor, a product liability member at...
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