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Case Law Update: Retailer Required to Produce 10 Years of Information

Willeford v. Toys “R” Us-Delaware, Inc., No. 5-07-02-01 (9/16/08) affirmed that a trial court did not abuse its discretion when it refused to enter protective order limiting retailer’s requirement to provide personal injury plaintiff with information from its database about incidents, in the last 10 years, of items falling from overhead storage on customers. Information is not sensitive financial data; and defendant has failed to show how justice requires protection. Further, since defendant waited a year, after ordered to comply with discovery, to file a motion for a protective order, and has successfully delayed litigation for five years, $1,000 fine will not be vacated as “friendly contempt.” This decision will impact products liability lawsuits in terms of electronic discovery.