
The Tort of Discovery Abuse
Warren Freedman(Author)
Praeger Publishers Inc
Published on 23. June 1989
Book
Hardback
172 pages
978-0-89930-332-1 (ISBN)
Description
In his latest work, Freedman seeks to establish a contemporary tort of discovery abuse. As he notes at the outset, the discovery process has become a central feature of modern litigation. He deals with the ways in which this interrogatory process can be abused, leading to excessive, costly delays in pretrial hearings and in subsequent litigation, if not settlement of the case. Discovery abuse places onerous demands on litigants who can be forced to produce documentation in such quantities, for example, that the costs involved discourage further litigation. At the outset, Freedman fully examines the nature of the discovery process itself, including international discovery procedures, and then explores abuses of the process and their ramifications for future litigation.
Organized in two main parts, the book begins with an introductory overview of the discovery process in general. Subsequent chapters address issues such as American Bar Association standards for discovery and procedure before the criminal trial; federal, state, and civil discovery procedures; non-party access to discovery materials; discovery in arbitration; and discovery procedures abroad. The second section reveals the nature of the abuses of the discovery process, including the destruction or spoliation of evidence, abuses connected with the Freedom of Information Act, and discovery abuses in the insurance field. The book concludes with chapters devoted to sanctions and remedies for discovery abuse and the Freedman's recommendation for the intentional tort of discovery abuse. Both a practical handbook for corporate attorneys and an ideal supplemental text for courses in business law, this volume offers a clear and comprehensive treatment of a growing problem in litigation proceedings.
Organized in two main parts, the book begins with an introductory overview of the discovery process in general. Subsequent chapters address issues such as American Bar Association standards for discovery and procedure before the criminal trial; federal, state, and civil discovery procedures; non-party access to discovery materials; discovery in arbitration; and discovery procedures abroad. The second section reveals the nature of the abuses of the discovery process, including the destruction or spoliation of evidence, abuses connected with the Freedom of Information Act, and discovery abuses in the insurance field. The book concludes with chapters devoted to sanctions and remedies for discovery abuse and the Freedman's recommendation for the intentional tort of discovery abuse. Both a practical handbook for corporate attorneys and an ideal supplemental text for courses in business law, this volume offers a clear and comprehensive treatment of a growing problem in litigation proceedings.
More details
Language
English
Place of publication
United States
Publishing group
Bloomsbury Publishing Plc
Target group
College/higher education
Dimensions
Height: 222 mm
Width: 145 mm
Thickness: 13 mm
Weight
360 gr
ISBN-13
978-0-89930-332-1 (9780899303321)
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Schweitzer Classification
Person
WARREN FREEDMAN was formerly Counsel and Assistant Secretary for Bristol-Myers Co. Among his previous books are Foreign Plaintiffs in Products Liability Actions, Frivolous Lawsuits and Frivolous Defenses, Federal Statutes on Environmental Protection, The Right of Privacy in the Computer Age, and Professional Sports and Antitrust, all published by Quorum Books.
Content
Preface The Nature of the Discovery Process Introduction to the Discovery Process ABA Standards for Discovery and Procedure before the Criminal Trial The Discovery Process in the Federal Criminal and Civil Courts State Criminal Discovery Procedures Discovery Efforts from Business Entities Protection of Expert and Confidential Data from Dissemination Nonparty Access to Discovery Materials in the Federal Courts Discovery in Arbitration Discovery Outside of Bankruptcy Discovery Abroad: The International Style The Nature of the Abuses of the Discovery Process Abuses of Discovery in General Spoliation or Destruction of Evidence Freedom of Information Act and Discovery Abuses Discovery Abuses in the Insurance Field Sanctions and Remedies for Discovery Abuses The Intentional Tort of Discovery Abuse or Spoliation Index