He asks what the requested records would show
Justice Borrok allowed records needed to answer a disputed factual question. He refused repeat questioning on available facts and records about a separate situation without a shown connection.
Preparation point
Explain what the records would prove and what remains unanswered.
How it played outSituation, action, outcome
- The situation
- The opponent disputed the claim instead of explaining why the requested information was irrelevant.
- What he did
- Allowed useful records and refused repeat questioning on already-available facts.
- What made a difference
- Records about an unrelated situation remained outside discovery.
In his words1 quote
“This misses the point.”
Austin Schuster Group, LLC v Extell Dev. Co., printed p. 3. He rejected the argument that financial projections were irrelevant because the claimant sought no share of projected revenue.
In the cited cases3 rulings
Austin Schuster received financial projections to help value its services, although it did not claim a share of projected revenue.
Flexjet received engine-cost records, but not records of other providers’ delays. Narain could not repeat depositions about already-available facts.