Discovery Proportionality: A Defense View

Law360, New York (August 23, 2017, 11:15 AM EDT) -- Max Kennerly authored a recent two-part Law360 article titled A Plaintiff’s Guide to Discovery Proportionality. The following is a defense perspective or, hopefully, a balanced view of the subject, tempered by the author’s experience in representing plaintiffs and defendants in commercial, personal injury and toxic tort cases.

Federal Rule 26(b)(1) sets the boundaries and ground rules for discovery. As amended in December 2015, it states that information is discoverable if it is relevant to any party’s claim or defense, “and proportional to the needs of the case, considering the importance of the issues at stake in the in the action, the...

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