by BRENDAN FAULKNER and MICHAEL A. D’AMICO
Courts have the authority to curb discovery abuse. Lawyers have ethical obligations not to engage in discovery abuse. The right of a litigant to discovery is primarily the right to obtain information. Yet despite all of this, discovery abuse in civil litigation remains common.
Personal Injury Law: Re-Examining The Limits Of Landowners’ Liability
by PAUL IANNACCONE and CHRISTOPHER HOULIHAN
According to The Law of Torts (Dan B. Dobbs), the common law rules regarding an entrant’s status on the land grew out of an effort to displace the role of the jury. That theory is backed by the circumstances out of which these rules came to be.