Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 103: Mastering the Art of Discovery When Your Client is Subject to Bias”
In episode 103 of ACEDS’ Case of the Week, Kelly Twigger discusses the United States v. Planned Parenthood Federation of America case, which highlights the importance of making a complete record for appeal and presenting a clear factual picture in discovery.
Introduction
Welcome to this week’s episode of our Case of the Week series, published in partnership with ACEDS. This week marks our 103rd episode in the series.
I’m Kelly Twigger, the CEO and founder of eDiscovery assistant and the principal at ESI Attorneys. Thanks so much for joining me today.
This week’s decision comes to us from United States v. Planned Parenthood Federation of America and it is a lesson in multiple ways:
- It demonstrates quite effectively the need to make a very complete record for purposes of appeal.
- It demonstrates the necessity of putting together a very clear, factual picture to get what you’re asking for in discovery.
- It is further proof of my theory that litigation is 98% BS and 2% about the law.
Let’s dive into this week’s case. As I mentioned, this one comes to us from the US v. Planned Parenthood Federation of America. It’s dated back from September of 2022 from United States District Judge Matthew Kacsmaryk from the Northern District of Texas.
