« New Poll on New York Civil Law Regarding Web Logs | Main | New York Court of Appeals Addresses Duty of Care Issue Regarding Breach of Contract »

December 05, 2007


Bill Altreuter

This decision impressed me most of all as a departure from the Court of Appeals recent literalist bent. And "informal discovery"- what the hell is that? Does it mean "investigation"? "Discovery", as I understand the term, is a defined process that contemplates participation by all parties, and includes concepts like "notice" and the right to object, or seek a protective order.

I'm beginning to think that the whole idea of discovery is in dire need of revisiting. In many ways, and for a long time, discovery has driven the litigation process, and it is now on its way to becoming a new tort. Arons amounts to saying that process and procedure aren't necessary parts of what we mean by discovery, and I find that a very damaging notion.

David Gottlieb


Do you think this is an anomaly or will it become standard goings.


Bill: You correctly point out a misnomer. Perhaps "informal discovery" is the incorrect term -- i.e., discovery is a process that New York sets forth with laws and rules. However, you have to concede that plaintiffs' and defense attorneys both investigate the facts through processes not dictated by the CPLR.

As to Dave's question, I don't it is an anomaly.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Your comment could not be posted. Error type:
Your comment has been posted. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.


Post a comment

Your Information

(Name and email address are required. Email address will not be displayed with the comment.)