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For the Defense: Carly Duvall on Effectively Resisting and Limiting Discovery

4/12/2012

Magistrate Judge William B. Mitchell Carter notes that “much of discovery is a fishing expedition of sorts, but the Federal Rules of Civil Procedure allow the courts to determine the pong, the type of lure, and how long the parties can leave their lines in the water.” Myers v. Prudential Ins. Co. of Am., 581F. Supp. 2d 904, 913 (E.D. Tenn. 2008). Restricting the discovery fishing expedition has become an often-litigated issue in employee benefit disputes following the Supreme Court’s decision in Metropolitan Life Insurance Company v. Glenn, 554 U.S. 105, 108 (2008). Read more …