The article entitled “Is It Time to Stop Playing Nice?” focuses on a recent trend regarding discovery in cases involving motor carriers and how defense counsel should refocus their attention to the relevancy of every document produced, in order to avoid certain “reptile theory” strategies being used by Plaintiff’s counsel. In the past few years, a habit has developed in personal injury litigation involving claims against motor carriers and their drivers, of providing plaintiff’s counsel with the driver’s personnel or driver’s qualification file and the carrier’s operational manuals, practices, and procedures, prior to or at the outset of the litigation, before formal discovery requests are served. In the age of “reptile” litigation this approach is no longer feasible. Rather than simply playing nice, and producing what is requested, it is time for defense counsel to test the relevancy of the information requested by plaintiff’s counsel, especially as it relates to the driver’s employment records and the motor carrier’s policies and procedures.
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