Would this lawsuit not open Dr. Mann to discovery? That would mean all his data, methods of research and correspondence. This lawsuit may be a good thing.
Lawyer types please respond to my question.
Yeah. “Who funds your chair?” “How much money does Petrobras pay you to keep the US from developing its own resources?”
Per the last of the article a court already ruled his unpublished work including emails are not subject to freedom of information act however it seems to me the defendants should get it in discovery, but I’m no legal beagle.
Yes, the lawsuit opens up Mr. Mann to full discovery. Everything he has said and done, and all of his “data,” becomes discoverable. So does his money trail. There is very little that can be covered by a protective order. The general rule is that everything is discoverable, even though it may not later be admissible at trial.
The problem is money. Discovery is awfully expensive. If the University or their insurer is defending Mann, he may be the one with the deeper pocket to fund the litigation.
The lawsuit, if allowed to proceed, would indeed open all of Mann's research and correspondence up to discovery. It would also open up all of National Review's files, research, drafts, etc., to discovery by Mann. More importantly, though, the cost of discovery would put National Review into bankruptcy long before it's over. Hence the push by the media (including both right- and left-leaning media) to have this case tossed right away.
In an earlier case against Mann adjudicated in Canada, he paid the settlement rather than expose his work to a review by a court appointed board of scientists. The settlement was in the 7 figure range so that should tell you a lot about is data and methods.
He has also lost a similar case against Mark Steyn because he refused to have his work reviewed.