"Pretrial Depositions and Interrogatories May No Longer Be Private," LJN's Prod. Liab. L. & Strategy, at 1, (January 2003).

01.01.2003

Product liability litigants assume that documents produced during discovery will remain private.  The majority rule is that unfiled pretrial discovery is the personal property of the litigants.  Last year, however, courts ordered Goodyear and Microsoft to reveal discovery documents and videotaped depositions to consumer advocacy groups and major media entities.  In this article, authors Habib Nasrullah and Wendy Harvey discuss the possible creation of a common law public interest exception to the rule.