August 25, 2016 Top Story

Federal Court Clarifies Discovery Rights under Revised Rule 26

Rule does not require parties to produce all potentially relevant information, court says

Caitlin Haney

Redacting potentially relevant information is permissible, says the U.S. District Court Southern District of FloridaIn re Takata Airbag Prods. Liability LitigationThe district court applied the new proportionality standard to reach its decision but emphasized that the parties seeking similar results must provide a persuasive reason for withholding or redacting such information. ABA Section of Litigation leaders note that as one of the first forays into the proportionality analysis, this case sheds some light on how courts will apply the newly amended Rule 26.

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