On March 5, 2020, Redgrave LLP filed an amicus brief in the United States Supreme Court on behalf of Lawyers for Civil Justice supporting the certiorari petition of the defendants in the Generic Pharmaceuticals Pricing Antitrust Multi-District Litigation.
The central issue of the amicus brief is whether a court can compel a party to produce documents hitting search terms without further review for relevance or responsiveness, inevitably resulting in the production of large volumes of irrelevant and sensitive documents.
The Firm’s brief argues that Rule 26(b)(1)’s limitation on the scope of discovery to relevant information is an outer boundary beyond which courts cannot compel parties to produce irrelevant material.
Earlier in the week, the Supreme Court issued a temporary stay on the district court’s discovery order that required defendants to produce search term hits without prior review for relevance or responsiveness. Matters such as the ones addressed in this brief infrequently make their way to the Supreme Court and the outcome will be of interest to all who find themselves subject to excessive discovery.
To read the full amicus brief, click here.