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Discovery-Rules Changes May Lower Claims-Litigation Costs

For risk managers facing potential claims, significant amendments to Rule 26 of the Federal Rules of Civil Procedure could mean lower costs to litigate subrogation or other claims.

By Douglas Banks, Peter Caltagirone | Updated on April 11, 2011

New amendments to Rule 26 of the Federal Rules of Civil Procedure significantly alter the process related to discovery by extending work-product protection to draft reports and other forms of communication between a lawyer and experts.

The numerous groups supporting the amendments anticipate the number of discovery disputes, as well as the costs associated with claims litigation, will be reduced. In turn, this will streamline litigation as the issues in dispute will be narrowed.

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