Case Law

Court States “Old Habits Die Hard” With the New FRCP


In re Bard IVC Filters Prods. Liab. Litig., 2016 U.S. Dist. LEXIS 126448 (D. Ariz. Sept. 16, 2016) In this products liability case, the plaintiffs sought discovery created by international entities. The court elaborated that the pre-2015 amendments are now gone, and “reasonably calculated” is no longer part of the standard. The court noted that “[o]ld habits die hard” and that some courts are still incorrectly reading the old language into the new rule. The court denied the plaintiffs this discovery from the international entities because it was only “potentially relevant—more hope than likelihood,” in addition to failing the proportionality requirement. In its opinion, the court expounded that “[r]elevancy alone is no longer sufficient—discovery must also be proportional to the needs of the case.”

Keywords: Relevancy, 26(b)(1), Reasonably Calculated, Foreign, Proportional