The recently amended federal discovery rules are dramatically changing the playing field in employment litigation, with courts across the country now quashing and narrowing what was previously commonplace discovery of employee personnel files, claims of discrimination by other employees, and subpoenas of plaintiff’s records with other employers.
In the three months since Rule 26(b)(1) of the Federal Rules of Civil Procedure was amended, judges and litigants have started relying aggressively upon the amended rule’s emphasis on “proportionality” as the driver in limiting discovery. As recently explained in the Southern District of New York, “the amended Rule [26] is intended to encourage judges to be more aggressive in identifying and discouraging discovery overuse by emphasizing the need to analyze proportionality before ordering production of relevant information.” Henry v. Morgan’s Hotel Group, 15-CV-1789 (ER)(JLC)(S.D.N.Y. Jan. 25, 2016).
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