The next line of the song goes . . . But if you try sometimes you might find, You get what you need. We like the line. We like the song. We like The Stones. Maybe the Federal Rules Advisory Committee was listening to the tune in 2015 when it decided proportionality needed to be
Proportionality
Discovery Sanctions Affirmed After Plaintiff Lost Summary Judgment
By Eric Alexander on

Just two weeks ago, we largely praised an MDL court’s handling of sanctions for a plaintiff’s stonewalling in response to discovery obligations, but thought the plaintiff got off pretty light for some really egregious conduct. Today, we report on a circuit court’s affirmance of discovery sanctions against a plaintiff counsel’s conduct for being overly aggressive…
Nixing Discovery on Foreign Regulatory Submissions
By Eric Alexander on

The cases we typically write about focus on events after medical products have made their way through the applicable regulatory process and been marketed in the United States. The marketed product is used, people claim to have been injured by it, and they sue the manufacturer under various product liability theories. Often, in the course…