Defendants Can't Be Held To Impossible Discovery Standards

October 30, 2018

In a classic case of overreaching, plaintiffs in the Abilify multidistrict litigation sought sanctions against the defendant, Bristol-Myers Squibb Co., for not preserving emails dating between 2002 and 2006 — more than a decade before the start of the litigation. We have a hard time even contemplating what a duty to preserve that covered those emails would begin to look like. Fortunately, so did the court. 

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