Before filing the lawsuit in the toxic tort case, Jack's team based its claims on an extraordinarily high number of leukemia cases occurring within the proximity of the chemical plant, testing of the soil surrounding the plant, as well as a medical study showing that the chemicals produced at the plant are potentially cancer-causing. However, Jack's team had not yet completed their research on
the medical evidence that proves the connection. Why is it important for them to complete their investigation before filing suit? Explain your reasoning as it relates to the discovery requirements.
What will be an ideal response?
Shortly after filing suit, Jack's team is expected to file their mandatory disclosure pursuant to Rule 26(a). The mandatory disclosure under Rule 26(a) must disclose everything that they intend to rely on to prove its claims. They must provide the identity of witnesses, including expert witnesses; copies of all of the documents relied upon; and a computation of the damages. Therefore, it is important for them to have completed their investigation before filing suit.
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