Cost Shifting: Amendments to Rule 26(b)

Executive Summary: The rule that defines the scope of discovery was amended on December 1, 2015.  The scope of discovery still turns broadly on relevance.  However, the amended provision now requires that requested discovery be “proportional to the needs of the case.”  This can be especially helpful in curbing discovery abuse in NPE cases.  One expressly enumerated factor for assessing proportionality is Continue reading “Cost Shifting: Amendments to Rule 26(b)”