Federal Judge: Prima Facie Claim Not Needed for Punitive Damages Discovery
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.
