Description | Judge Bennett, District Court Judge in the NORTHERN DISTRICT OF IOWA had quite a sanctions order in re: THE SECURITY NATIONAL BANK OF SIOUX CITY vs. ABBOTT LABORATORIES. Something is rotten, but contrary to Marcellus’s suggestion to Horatio, it’s not in Denmark. 1 Rather, it’s in discovery in modern federal civil litigation right here in the nited States. Over two decades ago, Griffin Bell—a former United States Attorney General, United States appeals court judge, and private practitioner—observed: “The criticism of the civil justice system has reached a crescendo in recent years. Because much of the cost of litigation is incurred in discovery, the discovery process has been the focal point of considerable criticism.” How little things have changed.
Judge Bennett is so close, yet so far. The problem with Discovery is the opportunity of discovery. Judge Bennett suffers from Naive Legal System Observation Syndrome. That is, Bennett thinks that lawyers and the system exist to resolve disputes. False: the system of lawyers, by lawyers, is for lawyers. Discovery is the opportunity to be abused at all costs. Discovery is the money maker. Hey, why not read the BankruptcyMisconduct page on the Kasowitz Fee Padding scandal? Download Jones_Day_ORDER_REGARDING_SANCTIONS.pdf for free from BankruptcyMisconduct |