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October 11, 2019 Update

Today the court in the TDF cases entered an order appointing a “discovery master” to preside over the litigation. “Discovery” is the process whereby the parties to a lawsuit obtain evidence from the other side to eventually present to a jury. In this case, the plaintiffs will likely be seeking millions of internal memorandum, e-mails, and clinical study results from the defendant. Additionally, plaintiffs will be seeking to depose many of the defendant’s executives and scientists. The discovery process in large cases like this often results in numerous disputes between the parties as to what documents should be produced and whether the parties have done enough to search for relevant documents. In order to allow these disputes to be resolved efficiently, the court has appointed an independent “discovery master” to preside over discovery disputes and make recommendations to the judge. These recommendations can then be turned into binding orders by the court. This order is another important step in moving these cases forward.

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