Liberal Discovery of Non-Party Records: In Defense of the Defense

Authors

Melissa E. Rosenthal, Benjamin N. Cardozo School of Law

Abstract

The note advocates for the liberal discovery of nonparty records, such as IQ test results and medical records, in lead paint poisoning cases in New York. It argues that allowing such discovery aligns with the state's broad discovery policies under CPLR 3101(a) and promotes fairness and efficiency in litigation. The author contends that the current per se ban on discovering these records is inconsistent and unfair, particularly for defendants in the First Department, where such discovery is prohibited. The analysis emphasizes the need for a balanced approach that considers relevance, privacy, and the potential for alternative causation in determining admissibility.

Disciplines

Environmental Law | Law | Law and Gender | Legal History | Torts

Recommended Citation

Melissa E. Rosenthal, Liberal Discovery of Non-Party Records: In Defense of the Defense, 7 Cardozo J. Equal Rts. & Soc. Just. 59 (2000).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol7/iss1/5