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Perspective

Apr. 22, 2010

Witnesses Cannot Hide

A person's privacy right in his or her identity and contact information, in most cases, is far outweighed by the right in litigation to discover likely witnesses, says H. Scott Leviant of Spiro Moss.

As many predicted shortly after its issuance, Pioneer Electronics (USA), Inc. v. Superior Court (Olmstead), 40 Cal.4th 360 (2007) made a lasting impact on discovery in class actions. The plaintiff in Pioneer filed a proposed class action, alleging that one model of Pioneer DVD player was defective. Pioneer produced documents relating to complaints it had received from consumers, but the company redacted consumer names and contact information. The plaintif...

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