9th Circ. Ruling Helps Nonparties Fight Abusive Discovery

Law360, New York (February 20, 2014, 2:23 PM EST) -- In a case of first impression, the Ninth Circuit Court of Appeals ruled that when a nonparty incurs significant expense responding to a subpoena for production of evidence, it is entitled to reimbursement.

Several pharmacists filed a lawsuit in federal court challenging the constitutionality of a Washington state pharmacy board regulation affecting women’s health care. The plaintiffs served a sweeping and intrusive document subpoena on a number of organizations that had participated in the rule-making process.

One of the subpoenaed nonparties was Legal Voice, a nonprofit...
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