Discovery -- 2020



Actavis Holdco U.S., Inc, et al. v. State of Connecticut, et al.   (U.S. Supreme Court)

Pushing back on grossly overbroad discovery

The NAM filed an amicus brief in support of U.S. Supreme Court review of an overbroad discovery order requiring corporate defendants in a sprawling antitrust multidistrict litigation to produce millions of documents without review for relevance or responsiveness in violation of the Federal Rules of Civil Procedure. The NAM's brief, filed February 28, 2020, argued that the interests of justice are undermined by unnecessarily burdensome discovery order that creates undue pressure to settle. All NAM members have a substantial interest in safeguarding the ability to maintain the confidentiality of corporate files except as required for the just and speedy resolution of litigation on its merits. Unfortunately, on June 15, 2020, the Court denied review.


Related Documents:
NAM brief  (February 28, 2020)