Case of the Day: Astronics Advanced Electronic Systems v. Lufthansa

The case of the day is Astronics Advanced Electronic Systems Corp. v. Lufthansa Technik AG (9th Cir. 2014). AES sought discovery from Lufthansa in the Western District of Washington. It was particularly interested in obtaining a license agreement between Lufthansa and an unnamed third party. The discovery was in aid of a litigation pending in Mannheim, Germany between AES and Lufthansa. However, AES had previously sought discovery of that document, which is physically located in Germany, from the German court itself, and that court had denied the request on the grounds that the license agreement was irrelevant. The District Court denied the request, and in an easy and clearly correct decision, the Ninth Circuit affirmed, holding that in the circumstances, the District Court had not abused its discretion. AES’s protestation that Lufthansa itself had successfully brought a § 1782 application in connection with the same German proceeding was to no avail—each application gets judged on its own merits.

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 2d ed. 2016), 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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