Titled “Attacking Disproportionate Discovery With New Rule 26(b),” this Nov. 4 Law360 article by McGuireWoods lawyer David Leishman discusses the newly revised “proportionality” limit to the scope of discovery. David notes that the rule and the objection itself – that the requested discovery is disproportionate to the needs of the case – are not new, but they are underutilized. Old boilerplate objections, however, will not suffice under the amendments, he says; counsel must more precisely describe how and why a discovery request is unreasonable. Full text of the article is available to subscribers online.
