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Expert Analysis

A Plaintiff's Guide To Discovery Proportionality: Part 2

By Max Kennerly ( August 15, 2017, 10:39 AM EDT) -- In December 2015, the "proportionality" amendments to Rule 26 of the Federal Rules of Civil Procedure were amended. In the big picture, these changes were exceedingly modest. Nonetheless, as Judge Henry Pitman of the Southern District of New York wrote just a few weeks thereafter, "[g]iven the recent amendments to the Federal Rules of Civil Procedure that became effective December 1, 2015, proportionality has become 'the new black' in discovery litigation, with parties invoking the objection with increasing frequency."[1]...

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