From the perspective of a consumer looking to file a case against a corporation, there’s huge difference in the way a case will be handled in state court versus federal court. Federal court is much more difficult in terms of time, expense, rules pertaining to experts, reporting requirements, access to hearing time and of course: discovery.
Corporate defendants, especially in product liability cases, routinely engage in scorched earth discovery designed to produce as little meaningful discovery as possible. Tactics like dump truck discovery, hiding behind ‘blanket objections’, and as I’ve written about before here, outright lies and blatant withholding of requested information. For those of us in the trenches, we all know the bitter truth: in federal court it’s simply much harder to hold a defendant’s feet to the fire and have the court order truthful and meaningful discovery.
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