A Disability Insurance Lawyer Asks District Courts To Reach Decisions On The Use Of Discovery Requests
Some District Courts practice a policy of denying discovery requests, no matter their legitimacy. However, there are District Courts that take a more moderate position. In these more moderate courts certain criteria are used, such as rejecting any requests that allows access to personal files but allowing requests for documents reflecting employee compensation criteria or standards when an employee was involved in a specific claim.
One decision that was rendered by the U.S. District Court of Northern District of California proved especially applicable. Here, the discovery requested asked for performance evaluations for the medical consultants or companies connected with the decision process. The court determined that this was the only way to discover whether these medical consultants or companies received rewards for opinions that were positive toward the insurance company. A good Santa Monica disability insurance lawyer will be appraised of these decisions and will fight for their clients’ rights on the basis of the law.
Discovery Supports Arguments For Disability Benefits Under Discretionary Standards Of Review
The case that the Court considered in the Northern District of California approved discovery under the de novo standard of review. Other cases are considered under the abuse of discretion standard. The Court may disagree with Unum’s claim that an attorney’s request for the performance evaluations regarding a disability benefits case had no relationship to a specific conflict of interest. She also felt that the limited scope of the disability attorneys request would not place undue pressure upon Unum’s time or other resources. Unum was ordered to produce the requested performance evaluations.
Get A Santa Monica Disability Insurance Lawyer Who Will Argue Successfully For Discovery
It is important to work with a Santa Monica disability insurance Lawyer who is extremely careful in how he requests discovery. Asking for too much information may result in not getting the information you need to successfully try your case. However, when care is taken to limit the request discovery to the kinds of material that are pertinent to proving a conflict of interest, requests for discovery will be a very powerful tool for getting the types of information that helps disability insurance clients get the money that they have been wrongfully denied.
