Archive: November 10, 2005

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Court Requires Balancing of Need for Evidence with Burden of Discovery Order

Court Requires Balancing of Need for Evidence with Burden of Discovery Order

Biomet, Inc. v. Fleury, 912 So.2d 706 (Fla. Dist. Ct. App. 2005)

Norman and Karen Fleury filed a products liability and personal injury lawsuit alleging that Mr. Fleury’s Biomet knee prosthesis failed prematurely. The trial court granted a broad discovery order requiring Biomet, Inc. to produce documents related to complaints about its products that contain molded or machined ultra high molecular weight polyethylene intended for insertion into humans. Defendants petitioned for a writ of certiorari to quash the order. Read More

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