Few amendments to the Federal Rules have garnered as much notoriety and attention as the recent amendments to Rule 26 of the Federal Rules of Civil Procedure regarding the scope of discovery. As courts begin issuing decisions based on the new amendments, attorneys and clients are beginning to get a sense of the limits and scope of discovery in a new world. A recent ruling by Judge David Campbell based on analysis of relevancy and proportionality under the new rule precluded an attempt to discover electronically stored foreign communications in multidistrict litigation over allegedly faulty medical devices. The ruling is significant because Judge Campbell chaired the Rules Committee when the 2015 amendments were passed. There is no better source of guidance for attorneys learning to practice in the new universe of relevancy and proportionality than a ruling from the chairman of the committee, and this decision is certain to be given much deference as courts struggle to define the new scope of discovery.Excerpt from Article written by Maritime Litigation Attorney, Matthew Moeller, Esq for the American Bar Association.
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