Plaintiffs need not prove entitlement to punitive damages in order to begin discovery of a defendant's financial condition, a federal judge has ruled. Judge James M. Munley of the Middle District of Pennsylvania found that the test for winning a protective order under Rule 26(c) calls for proof of "good cause," which has been defined by the courts as requiring a showing that disclosure "will cause a clearly defined and serious injury." Munley concluded that the defense team failed to satisfy the test.
July 31, 2008 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Plaintiffs need not prove entitlement to punitive damages in order to begin discovery of a defendant’s financial condition, a federal judge has ruled.
“It is inefficient to somehow delay discovery on the amount of punitive damages available until after a factual determination on the availability of such damages can be made,” U.S. District Judge James M. Munley of the Middle District of Pennsylvania wrote in his 12-page opinion in Grosek v. Panther Transportation Inc.
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