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Abstract

Unjustified resistance to discovery and abusive over-use of discovery techniques increase the costs of legal services, delay resolution of disputes and place an undue burden on an overworked judiciary. In Litton Systems, Inc. v. AT&T Co., the United States District Court for the Southern District of New York retaliated against discovery abuse by ordering a victorious antitrust plaintiff to forfeit statutory attorney's fees "well into the eight figure range" as a sanction for its lawyers' misconduct during discovery.

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