Discovery

“Discovery consumes more money and time than any other part of the litigation process. It affects every manufacturer who is sued, whether or not the case goes to trial. In product liability, discovery is not just “asymmetrical;” it may be altogether one-sided, with the manufacturer incurring hundreds of thousands of dollars in discovery costs, while the plaintiff produces only medical records and documents reflecting damages. E-discovery has hugely exacerbated the imbalance. And if there is an adverse court ruling on discovery, the plaintiff can obtain a sometimes impregnable advantage in settlement negotiations, regardless of the merits of the dispute. For all of these reasons, PLAC has been actively and successfully involved in amicus efforts to assure fairness and a more level playing field in discovery.” — Chilton Davis Varner, King & Spalding
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