Anyone who thinks discovery abuse is on the wane hasn’t been reading the papers.
Last Monday’s lead story in The National Law Journal detailed an $18 million sanction against Wal-Mart Stores for withholding discovery. Beaumont, Texas judge James Mehaffy found that Wal-Mart had made discovery abuse “a corporate policy.” He topped off his fine by imposing an extra $50,000 against Wal-Mart’s lawyers, Houston’s Magenheim, Bateman, Robinson, Wrotenbury & Helfland. The Beaumont case was just one of four actions that resulted in discovery sanctions against Wal-Mart in Texas alone, according to the NLJ. In three of the four, the discount superstore was represented by Magenheim, Bateman.
