Designing a discovery plan

The Fifth Circuit made a second discovery-related observation in September, in Norman v. Grove Cranes, a products-liability dispute about a safer alternative design for a crane. The trial judge did not allow the plaintiff’s expert to testify on that point; on appeal, the Fifth Circuit found no abuse of discretion. Plaintiff said the expert “Perkin was unable to form an opinion regarding safer alternative design because Grove failed to produce the documents requested, i.e., the ‘draft design drawings related to the prior design of the crane at issue and similar Grove cranes.’.” The district court disagreed, “pointing out that Norman knew at least 83 days prior to the close of discovery that Perkin needed additional documents to form his expert opinion on safer alternative design but failed to file a motion to compel until a month after the close of discovery,” and noting that the plaintiff’s “failure to seek Court intervention via a motion to compel before the end of discovery shows a lack of diligence in seeking documents [he] now claims are indispensable to his expert’s ability to render a required opinion.” No. 17-20631 (Sept. 10, 2018, unpublished).