In a long-running class action regarding defective temporomandibular joint implants, the parties brought ten procedural motions primarily concerning document production and pre-trial examinations.
The plaintiff sought further searches for key historical documents, alleging spoliation by the defendant, while the defendant sought forensic examination of documents produced by the plaintiff's key witness, alleging fabrication.
Balancing the need for discovery against proportionality and an impending peremptory trial date, the Master ordered targeted physical and electronic searches by the defendant, forensic inspection of disputed documents, and specific pre-trial examinations of key witnesses.
