This addresses the August 7 article, “Deposing the Giant Under the Apex Doctrine.” The so-called “apex doctrine” is another of those tools first created by the defense industry to stymie discovery of evidence. Years ago the Defense Research Institute did something similar by fabricating a theory about “the sanctions tort.” Here’s what two distinguished federal jurists had to say about the proposition that someone is too important to be deposed:
“I am befuddled by an argument that status alone creates a different set of rules for important people. … In my view, important people are subject to the same rules as the working man or woman.” Hon. Donald W. Molloy, Order, Phillips v. General Motors Corp., No. 98-168 (D. Mont. Feb. 24, 2000), Doc. 69 (Molloy, J.).
