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Steven Badger Quoted in Claims Journal: New Protocols Aim to Streamline Discovery in COVID Business-Interruption Lawsuits

February 12, 2021

Steven Badger, a partner in the Dallas office of Zelle, was quoted in a Claims Journal article titled “New Protocols Aim to Streamline Discovery in COVID Business-Interruption Lawsuits.”

The Institute for the Advancement of the American Legal System, which advocates for a more efficient U.S. justice system, has released a set of protocols that aims to guide discovery and speed resolution of litigation arising from business-interruption claims related to the COVID-19 pandemic.  The protocols lay out ground rules for the discovery process. For example, any documents withheld as a privileged work product must be described briefly by category or type.

Badger, who served on the IAALS’s protocols committee, said the discovery protocols may not see widespread use because the number of claims so far has been less than initially anticipated. Badger said more than 200 cases have been voluntarily dismissed in federal court after 80% of early decisions went in favor of insurers.

Nevertheless, he said now that the protocols are written, they can be used as needed in the future.  Badger said it makes good sense to have a handy discovery guidebook for pandemic-related business-interruption lawsuits.

Click here to read “New Protocols Aim to Streamline Discovery in COVID Business-Interruption Lawsuits.”

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