MSCI Inc. v. Jacob

by Andrias, J.,

as follows: I respectfully disagree with the majority’s conclusion “that this case presents one of those rare instances in which we are compelled to substitute our discretion for that of the motion court.” Rather, the motion court providently exercised its discretion when it denied, as an unwarranted fishing expedition, plaintiffs’ motion to compel the production of additional source code created by defendants more than a year after the alleged misappropriation of plaintiffs’ source code took place, where there was only hope and speculation as to what the additional discovery…