Kuehne Nagel v. Preston

3 Citing cases

  1. Krohn v. Krohn

    No. M2015-01280-COA-T10B-CV (Tenn. Ct. App. Sep. 22, 2015)   Cited 12 times
    Considering the propriety of a discovery order in determining whether recusal was warranted

    "[T]he ability to obtain relevant information presumes a proper inquiry. Discovery requests require some tailoring. If parties go too far, the courts may whittle down their discovery requests . . . ." Kuehne & Nagel, Inc. v. Preston, Skahan & Smith Int'l, Inc., No. M1998-00983-COA-R3-CV, 2002 WL 1389615, at *3 (Tenn. Ct. App. June 27, 2002). To this end, parties may file motions for protective orders, and the trial court may, for good cause shown, "make any order which justice requires to protect a party . . . from annoyance, embarrassment, oppression, or undue burden or expense, including . . . (1) that the discovery not be had; (2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place . . . ."

  2. Flowers v. Tenn. Trucking Assn

    209 S.W.3d 602 (Tenn. Ct. App. 2006)   Cited 84 times   2 Legal Analyses
    Finding of contempt

    Accordingly, the courts can and should actively discourage overburdensome discovery. . . .Kuehne Nagel, Inc. v. Preston, Skahan Smith Intern., Inc., No. M1998-00983-COA-R3-CV, 2002 WL 1389615, at *3 (Tenn.Ct.App. June 27, 2002). The rules favor discovery.

  3. Mercer v. Vanderbilt University

    No. M2000-00801-COA-R3-CV (Tenn. Ct. App. Dec. 5, 2002)   Cited 5 times

    For that reason, excluding relevant evidence is an extraordinary step that courts should employ sparingly. Kuehne Nagel, Inc. v. Preston, Skahan Smith Int'l, Inc., No. M1998-00983-COA-R3-CV, 2002 WL 1389615, at *5 (Tenn.Ct.App. June 27, 2002) (No Tenn.R.App.P. 11 application filed); Richardson v. Miller, 44 S.W.3d 1, 21 (Tenn.Ct.App. 2000). It is important to note that Tenn. R.Civ.P. 26.02(1) allows parties to discover the identities of persons having knowledge about a case's facts, but the rule does not require a party to designate its trial witnesses.