Proportionality Ruling Raises Concerns About Rule 26 Change

Law360, New York (February 5, 2016, 11:27 AM EST) -- Among the most controversial of the Federal Rules amendments that took effect on Dec. 1, 2015, were changes to Rule 26 elevating the requirement that discovery be “proportional” to the needs of the case from a safety valve preventing abusive discovery to a limitation on the scope of discovery itself. During the drafting process leading to the recent amendments, some participants expressed concern that the relocation of the proportionality provisions might be interpreted as placing a burden on the requesting party to demonstrate the proportionality of the discovery it seeks.[1] A recent decision issued by Magistrate Judge Paul S. Grewal in...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!