Tag Archives: Civil Discovery

Boilerplate Objections And “Good Faith” Requirements Are Ruining Civil Discovery

“If there is a hell to which disputatious, uncivil, vituperative lawyers go, let it be one in which the damned are eternally locked in discovery disputes with other lawyers of equally repugnant attributes.” Dahl v. City of Huntington Beach, 84 F.3d 363, 364 (9th Cir. 1996) (quoting Krueger v. Pelican Prod. Corp., No. CIV-87-2385-A (W.D. Okla. Feb. 24, 1989).   The First Judicial District of Pennsylvania, better known as Philadelphia state court, is one of the most efficient high-volume civil justice court systems in the country. Part of this success owes to the “Day Forward” program implemented years ago, which ... Continue Reading

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The Federal Judicial Committee’s Proposal To Break The Discovery Rules

Being a plaintiff’s lawyer these days requires more than a little bit of stoicism. The federal appellate courts rarely issue rules that expand the rights of people injured by corporate greed and recklessness. Usually, the question is how far the courts are going to go to restrict their rights. There’s no need for me to repeat all of those details here; Prof. Arthur Miller’s article on the deformation of federal civil procedure details them at length, and you can read my thoughts on his article at TortsProf. As I argued,   These decisions reflect, at bottom, a policy choice made ... Continue Reading

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Toot! Toot! All Aboard the Baloney Train!

Hardly a week goes by without an insurance company, a big corporation, or one of their lobbying groups complaining about "the cost of litigation," usually prefacing the word "cost" with hyperbolic adjectives like "soaring" or "exploding," with the implication that, somehow, injured plaintiffs or their lawyers are to blame. Yet, whenever we see an actual example of a party engaging in absurd tactics to make litigation more costly and difficult, it always turns out that the defendant or their insurance company is to blame.  Although trial is typically the most expensive part of any case, the vast majority of cases ... Continue Reading

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