Case of the Day: Interbrew v. Molson Coors

The case of the day is Interbrew Central European Holding BV v. Molson Coors Brewing Co. (D. Colo. 2013). The case is an entirely routine § 1782 application; the reason I call attention to it is that the judge, or rather the magistrate judge (Mix, M.J.), mused on the question whether she had authority to decide the application outright, or whether she could only make a report and recommendation to the court. This was an issue I have previously considered. Judge Mix concluded that she had authority to decide the matter, though she noted the issue was not settled in the Tenth Circuit. I note the competing considerations in the prior post.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2012), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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