Discovery -- 2021



General Motors LLC v. Buchanan   (Georgia Court of Appeals)

Challenging plaintiffs' ability to depose high-level corporate employees

The NAM filed an amicus brief in support of an application to the Georgia Court of Appeals to review a discovery order allowing plaintiffs to depose GM's CEO, Mary Barra, despite her lack of direct knowledge of the facts at issue in the case. The plaintiff in this wrongful death suit alleged that faulty electronic stability control technololgy caused the decedent's crash. The trial court granted the plaintiff's demand to depose Barra based on general statements she made publicly and in congressional testimony about her efforts to advance GM's culture of safety. All manufacturers have an interest in preventing abusive depositions of their high-ranking corporate executives. The NAM's brief explains that subpoenaing a corporate executive who has no unique knowledge of a matter is often intended to generate an unwarranted litigation advantage, unconnected to the substantive merits of a case. The brief further argues that review of the trial court's order is critical for promoting responsible discovery and limiting discovery abuse. The court of appeals agreed to hear the case, but, unfortunately, on May 6, 2021, held that the trial court has wide discretion to determine these issues, and by limiting the time for the deposition, the court had adequately minimized the burden on Ms. Barra.


Related Documents:
Opinion  (May 6, 2021)
NAM brief  (November 17, 2020)
NAM brief  (March 3, 2020)