Julia Tarver-Mason Wood, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, As multi-district litigation has proliferated and as Congress has tried to funnel class actions into federal courts (and as plaintiffs' lawyers have resisted this trend by strategically crafting multi-plaintiff litigations that will remain in state court), individual judges have begun to impose significant limitations on the ability of defendants to take pretrial discovery, including depositions of plaintiffs. Surprisingly, defendant have few concrete legal guide posts with which to challenge such restrictions.
Is There a Fundamental Right to Take a Plaintiff's Deposition?
New York Law Journal
July 16, 2012
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