Search for: "In re Application to Obtain Discovery for Use in Foreign Proceedings"
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30 Dec 2022, 4:00 am
A district court has power to order section 1782 discovery where “(1) the person from whom discovery is sought reside[s] (or [is] found) in the district of the district court to which the application is made, (2) the discovery [is] for use in a proceeding before a foreign tribunal, and (3) the application [is] made by a foreign or international tribunal or ‘any interested person. [read post]
23 Jan 2012, 8:54 am
The need to obtain foreign discovery for use in California proceedings can come up for a variety of reasons, including that a party lives outside the United States, the transaction occurred abroad, or third party witnesses or documents are in a foreign country. [read post]
15 Feb 2011, 4:16 pm
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]
10 Jan 2014, 1:32 pm
A German party was seeking discovery under Sec. 1782 U.S.C. in support of German proceedings. [read post]
8 May 2019, 7:43 am
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]
27 Oct 2020, 2:04 pm
Discovery Evidence Application to Obtain Discovery for Use in Foreign Proceedings In Private Foreign Arbitrations? [read post]
5 Oct 2022, 6:51 am
In 2021, Lilly brought the case to the U.S. with a petition in the E.D.Va. seeking “leave to obtain discovery for use in foreign proceedings. [read post]
5 Feb 2011, 5:30 am
The statute permits discovery “for use in a proceeding” in a foreign tribunal. [read post]
18 Apr 2011, 4:00 am
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
(In re Application to Obtain Discovery for Use in Foreign Proceedings), 939 F.3d 710, 723 (6th Cir. 2019. [read post]
31 Oct 2012, 4:07 pm
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]
29 Jul 2011, 9:00 pm
In order to obtain a judgment which is enforceable in Curacao the claim must be re-litigated before the Curacao courts. [read post]
12 Jan 2023, 4:23 pm
As part of that process, both sides have asked the court to issue letters of request to obtain discovery from various foreign jurisdictions. [read post]
20 Sep 2016, 9:00 pm
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
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
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
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]
1 Nov 2011, 7:55 pm
In order to obtain evidence located in France and needed for the French proceeding, the winner filed an ex parte petition for discovery in aid of a proceeding before a foreign tribunal pursuant to 28 U.S.C. [read post]
12 May 2011, 4:00 am
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]
20 May 2008, 4:21 am
And so it seems like a good time to re-post this article. [read post]
