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In the 2000 film The Patriot, which (spoiler alert) depicts the American victory over the British during the Revolutionary War, General Cornwallis looks out at the surging American Army before surrendering at Yorktown and mutters, “Everything will change. Everything has changed.”
Commercial litigators might mutter the same when reviewing the New Jersey Supreme Court’s recent decision, Brugaletta v. Garcia, ___ N.J. ___ (2018) (slip op.). On the one hand, Brugaletta seems to usher in a new world order governing litigants’ discovery obligations. On the other hand, Brugaletta might be narrower than meets the eye.
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