Scuffle Over Firm’s Unique Discovery Sanction Highlights Legal System’s Structural Woes

This article from the Association of Certified E-Discovery Specialists (“ACEDS”) covers Jones Day’s request for oral argument before the US Eighth Circuit Court Appeals, contesting the unusual discovery sanction levied by Judge Mark Bennett in July requiring a veteran Jones Day attorney to produce a firm-wide training video on appropriate deposition conduct. The sanction was ordered sua sponte by Judge Bennett during a “high-stakes” products liability suit against Abbott Laboratories for “hundreds of baseless form objections during depositions, excessive interruptions and witness coaching.” The article describes the case as a “flashpoint” regarding deep seeded litigation discovery issues and noted that amicus briefs reflect concern from trial attorneys that the trial is becoming a “dying art” and stresses the need for “discovery disarmament that will both help restore the public’s confidence in the judicial process and make litigation more affordable, quicker and fruitful in producing just outcomes.”

Read the full article here.

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