We write to comment on the fine article, “Questions Raised by Proposed Amendments to Federal Rules,” by Kevin F. Meade and Arielle Gordon (NYLJ, Dec. 2). At the end of their article, the authors raise concerns about certain unresolved issues arising from the proposed amendments. In its report to the Advisory Committee on Civil Rules, the New York State Bar Association’s Commercial and Federal Litigation Section offers its insight on these issues. In this letter, we respond briefly to key questions raised by Meade and Gordon.
With respect to proposed Rule 26(b)(1), which adds a proportionality requirement, the Commercial and Federal Litigation Section supports the proposal but harbors the same concern that Meade and Gordon have, namely that the proposed proportionality requirement may lead to substantial (and wasteful) litigation over its application.
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