Tag Archives: Hague Evidence Convention

Hague Service and Evidence Conventions: The US Central Authority’s Unusual Interpretation

A reader wrote in with the following case. He (a Mexican lawyer) asked PFI, the contractor that carries out the day-to-day work of the Department of Justice in its capacity as central authority for the United States under the Hague Service Convention, to serve a summons on a Mexican national in the United States. The summons would require the Mexican national to appear in court in Tijuana to be questioned about a promissory note he had signed. The Mexican proceeding was a “measure preliminary to a lawsuit,” apparently a proceeding in which the plaintiff gathers the evidence that he needs in order to file a lawsuit.
Continue reading Hague Service and Evidence Conventions: The US Central Authority’s Unusual Interpretation

Case of the Day: Tansey v. Cochlear Ltd.

The case of the day is Tansey v. Cochlear Ltd. (E.D.N.Y. 2014). The plaintiff, Jeanini Tansey, had a cochlear implant manufactured by Cochlear Ltd., a New South Wales company, to treat her deafness. She alleged that Cochlear had failed to comply with FDA requirements and that the device cracked and stopped working. The device had to be removed, which led, she claimed, to major nerve damage that led to her total disability. Tansey served requests for the production of documents on Cochlear, which moved for a protective order requiring first resort to the Hague Evidence Convention.
Continue reading Case of the Day: Tansey v. Cochlear Ltd.

Case of the Day: In re Berlamont

The case of the day is In re Application of Berlamont (S.D.N.Y. 2014). Franck Berlamont applied for leave to serve a subpoena under § 1782 in order to obtain a transcript of testimony Rajiv Jaitly gave in a deposition in an earlier New York case, Rembaum v. Banco Santander. The deposition had, apparently, taken place in England pursuant to a letter rogatry from the New York court issued under the Hague Evidence Convention. The application was in aid of a Swiss criminal investigation into Manuel Echevarria, a former colleague of Jaitly in Optimal Investment Services. The judge allowed the application.
Continue reading Case of the Day: In re Berlamont