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-MEDIA ADVISORY- “JUSTICE FOR ALL,” A SOLUTION FOR “SUE YORK” TO BE RELEASED TOMORROW

LRANY

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For Release: Monday, September 29, 2014
Contact: Phoebe Stonbely
518.512.5265
pstonbely@lrany.org

-MEDIA ADVISORY-
“JUSTICE FOR ALL,” A SOLUTION FOR “SUE YORK” TO BE RELEASED TOMORROW

Albany, NY: New York State is often dubbed “Sue York” and is widely regarded as the most litigious state in the most litigious nation in the world. Lawsuit abuse is rampant, plaguing our economy and costing all New Yorkers. Tomorrow, the Lawsuit Reform Alliance of New York (LRANY) will release a five-point plan designed to address the imbalances in New York’s civil justice system. The plan focuses on five areas of concern, including: the “Scaffold Law,” expert witness disclosure, standards of evidence, interest on legal judgments, and “fair-share liability.” The five-point plan illustrates how simple common sense changes can reduce lawsuit abuse, boost New York’s economy by over a billion dollars and create hundreds of thousands of new jobs.

LRANY Executive Director Tom Stebbins will be available for interview to discuss:

“Justice for All: A Roadmap to Fix New York’s Civil Justice System.”

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Contact Phoebe Stonbely: pstonbely@lrany.org or 518.512.5265 to set up an interview.

Link to PDF Media Advisory

LRANY Video Series: E-Discovery Reform

This week on the LRANY Video Series, Tom Stebbins brings you a video on E-Discovery Reform.

Discovery of electronically stored information (ESI), such as emails and electronic documents, has become increasingly common and important in civil litigation. However, because of the daunting volume of ESI, discovery can be extremely costly and time consuming, and the tactic of making broad discovery requests is increasingly being used to pressure defendants to settle even the least meritorious cases.

LRANY supports legislation which would clarify requirements to preserve electronically stored information and implement checks on abusive electronic discovery tactics.

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Producing party must pay for discovery: First Department, Appellate Division

By: Donald Partyka

A recent decision by the First Department, Appellate Division in U.S. Bank National Association . v GreenPoint Mortgage Funding, Inc. held that the producing party must pay for discovery.

The case involved a dispute over subprime mortgage backed securities.  U.S. Bank requested GreenPoint produce a “vast” number of documents.  The judge’s decision acknowledged that the requesting party (U.S. Bank) stated “that the cost of production could run into the millions of dollars.”

Unfortunately New York’s civil practice rules do not state who is responsible for the cost of discovery. This cost that has skyrocketed in recent years with the advent of electronic discovery, with some state courts ruling in favor of requiring the requesting or the producing party bearing the discovery cost.

New York needs to adopt clear rules regarding electronic discovery, rules that protect parties from the burden of paying for the cost of searching for, retrieving, and producing electronically stored information.  As the costs can run unjustly high, such rules, if adopted, would discourage parties from forcing “unnecessary and oppressive” cost on their adversaries, and ensure greater fairness in litigation for all parties.