NASA’s Legal Strategy and the Discovery Phase
NASA, being a titan in aerospace technology, typically defends itself by pointing to low statistical odds: “It’s nothing to worry about,” they might say. But as I’ve personally noted, the Otero’s argue that once is one time too many if your home is the unlucky target.
The next major step in any civil lawsuit is the discovery phase, in which both sides gather evidence. This is where NASA could be compelled to open its files, reports, or even internal communications that might otherwise remain confidential. Civil litigation doesn’t always uncover “smoking guns,” but the possibility alone can be intimidating for any defendant, including government agencies or massive contractors. When you’re sued in a U.S. court, the plaintiff can cast a wide net of document requests and depositions, and NASA will have to respond under oath.
Attorneys often leverage discovery as a strategic tool. Even if the information gleaned isn’t publicly disclosed, the threat of exposing sensitive data can influence settlement negotiations. Ultimately, NASA might decide that sparing itself a lengthy legal battle—and avoiding the potential for unflattering headlines—outweighs any benefit of deflecting liability.
