Discovery into Research

My Nebraska Law Review piece (which should be out any day now, honest) addresses discovery into peer review, exploring a case related to vinyl chloride litigation.  There’s been another recent confrontation about the issue relating to welding rod litigation, with an article (subscription only for full text) written by researchers who had performed work for plaintiffs criticizing the potential for litigation to interfere with research.

One of the defense lawyers involved has responded (with a reply from the researchers below it).  For the reasons I present in my article, I generally think the discovery sounds reasonable.  (An earlyish draft is here.)