Questions Presented
Whether, contrary to Rule 26(b), this Court’s decisions, and the decisions of five circuits, a district court may compel a party that has not engaged in discoveryrelated misconduct to produce documents that are neither relevant nor responsive.
Case Updates
Cert. petition denied
June 15, 2020
The Supreme Court denied certiorari, letting stand a discovery order that requires production of tens of millions of irrelevant, sensitive files matching extremely broad search terms, without any opportunity for document review.
The U.S. Chamber filed a coalition amicus brief opposing this outcome. We also filed two briefs in the Third Circuit, at the panel and rehearing en banc stages.
U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and confirm that litigants are entitled to at least some opportunity for relevance review before producing documents in discovery
February 28, 2020
The U.S. Chamber’s amicus brief asks the Court to review and reverse the Third Circuit’s denial of mandamus relief, which let stand the District Court’s abusive discovery order requiring defendants to produce tens of millions of irrelevant, sensitive files matching extremely broad search terms, without any opportunity for document review.
Bert W. Rein of Wiley Rein LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.