Search for: "In re Application to Obtain Discovery for Use in Foreign Proceedings" Results 1 - 20 of 124
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8 Apr 2019, 6:00 am by Benjamin Stearns
…” To obtain discovery under the statute, the petitioner must meet three requirements: (1) the person from whom discovery is sought must reside or be found in the district where the application was made; (2) the discovery must be for use in a foreign proceeding before a foreign or international tribunal; and (3) the applicant must be either a foreign tribunal or an interested person. [read post]
27 Jul 2020, 6:04 am by Nora Valenza-Frost
§ 1782 for an Order Granting Leave to Obtain Discovery for Use in a Foreign Proceeding, No. 1:19-mc-00401 (S.D.N.Y. [read post]
8 May 2019, 7:43 am by Karel Frielink
In order to obtain a judgment which is enforceable in the Dutch Caribbean, the claim must be re-litigated before the court being sought to enforce the judgment. [read post]
15 Feb 2011, 4:16 pm by kwbuckley
Therefore, this decision, together with other prior precedent, supports the ability of foreign litigants to obtain discovery from U.S. companies by filing a proceeding in Delaware, regardless of where the information may be physically located. [read post]
27 Oct 2020, 2:04 pm
Discovery   Evidence Application to Obtain Discovery for Use in Foreign Proceedings In Private Foreign Arbitrations? [read post]
5 Feb 2011, 5:30 am by Ted Folkman
The statute permits discovery “for use in a proceeding” in a foreign tribunal. [read post]
24 Feb 2019, 10:00 pm by Michael Wolgin
Section 1782 allows a district court to order a person who resides in the court’s district to provide testimony or documents to be used in a proceeding before a foreign tribunal. [read post]
9 Nov 2012, 3:00 am by Ted Folkman
I trust that the judge meant that the inquiry asks whether the foreign court would exclude evidence sight unseen merely because it was obtained via discovery in the US, regardless of its relevance. [read post]
18 Apr 2011, 4:00 am by Ted Folkman
In fact, courts should generally refrain from doing so, and leave it to the foreign tribunal to decide what use it wants to make of the evidence obtained.  [read post]
1 Nov 2020, 9:00 pm by Samuel Estreicher
(In re Application to Obtain Discovery for Use in Foreign Proceedings), 939 F.3d 710, 723 (6th Cir. 2019. [read post]
29 Jul 2011, 9:00 pm by Karel.Frielink
In order to obtain a judgment which is enforceable in Curacao the claim must be re-litigated before the Curacao courts. [read post]
31 Oct 2012, 4:07 pm by Joel Zand
You can view Apple’s Ex parte application in the U.S. for discovery to use in Germany, and its attorney’s supporting declaration, below: Ex parte Application for an Order Pursuant to 28 U.S.C. § 1782 Granting Leave to Obtain Discovery for Use in Foreign Proceedings and Supporting Memorandum (In re: Ex Parte Application of Apple, Inc., et al.) [read post]
20 Sep 2016, 9:00 pm by Karel Frielink
In order to obtain a judgment which is enforceable in Curacao the claim must be re-litigated before the Curacao courts. [read post]
10 Dec 2019, 1:31 pm by J. Alexander Lawrence and Geary Choe
To pursue Section 1782 discovery, an applicant needs to establish: that the requested discovery is for use in an actual or contemplated proceeding in a foreign or international tribunal; that the applicant is an “interested person” in that proceeding; and that the person from whom the discovery is sought resides or is found in the district of the court where the applicant is making the… [read post]
10 Dec 2019, 1:31 pm by J. Alexander Lawrence and Geary Choe
To pursue Section 1782 discovery, an applicant needs to establish: that the requested discovery is for use in an actual or contemplated proceeding in a foreign or international tribunal; that the applicant is an “interested person” in that proceeding; and that the person from whom the discovery is sought resides or is found in the district of the court where the applicant is making the… [read post]
7 Jan 2014, 7:46 am by Charles Kotuby
Before the holidays, the Southern District of New York decided In re Application of Kreke Immobilien KG (S.D.N.Y. 2013), a case brought in U.S. court under § 1782 to obtain documents from Deutsche Bank for use in a German litigation. [read post]
12 May 2011, 4:00 am by Ted Folkman
He asks whether this aspect of the decision, incorporating Rule 26, is at odds with In re Application of Mettalgesellschaft AG, 121 F.3d 77 (2d Cir. 1997), where, he writes, the court held that on the face of the statute it was improper for the U.S. court to consider “relevance to the non-U.S. proceeding.” [read post]