Supreme Court in Hickman, the basic observation of the Third Circuit remains true. While the expansive view of the Third Circuit was limited by the U.S. Holtzoff, Instruments of Discovery Under Federal Rules of Civil Procedure, 41 Mich. Pike, The New Federal Deposition Discovery Procedure and The Rules of Evidence, 34 Ill.
It has long been true that merely noting that Plaintiff’s request constitutes a “fishing expedition” is not a valid objection to discovery.
This article provides an update to the original article, including case law and changes that have occurred in the succeeding decade.ĮVERY defense counsel has been confronted with discovery from Plaintiff’s counsel that demands some variation of “ complete copy of the entire claims file, cover to cover, including both sides of any jacket, including all notes, memoranda, and diaries, pertaining to the claim that is the subject of this litigation up until the date that the instant suit was filed.” Such a demand is objectionable as made, but understanding and articulating the basis for the objection will often mean the difference between successful opposition to the demand and an order to produce much if not all of the items requested. Garaffa was originally published in 2007 in Phase III of the International Association of Defense Counsel’s Joan Fullam Irick Privacy Project. He graduatedĬum laude in 1998 from the Florida State UniversityĬollege of Law, where he served as Articles and NotesĮditor for the Journal of Land Use & Environmental Law.ĭiscovery of the Insurer's Claims File: Exploring the Limits of Plaintiff's Fishing License, by John V.
Significant trial and appellate experience. Matters, premises liability defense and appeals. Having joined the firm in 2004 and devotes his practice toįirst and third-party coverage defense, extra-contractual "Rick" Parker, III is a Partner at Butler Pappas, Survey of International Litigation Procedures.Inside/Outside Counsel Relationship Survey.Diversity, Equity, and Inclusion Resources.Committee, Program, and Task Force Chairs.Commitment to Diversity, Equity, and Inclusion.
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