Case of the Day: In re O’Keeffe

Sheldon Adelson
Credit: Bectrigger

The case of the day is In re O’Keeffe (2d Cir. 2016). This is another § 1782 case in the Sheldon Adelson libel case against journalist Kate O’Keefee, who wrote that he was “foul-mouthed.” The suit was pending in Hong Kong. O’Keeffe sought leave to serve a subpoena on Adelson’s former driver, Kwame Luangisa, presumably in the hope that Luangisa could testify that Adelson was indeed foul-mouthed. The application was routine, and the court correctly affirmed the decision denying Adelson’s motion to quash.

I’ve written about several previous similar decisions in this case. What’s great about these cases is that the Adelson, the libel plaintiff, sued in Hong Kong instead of in the United States even though, presumably, he could have sued the Wall Street Journal in the United States. But through the magic of § 1782, O’Keeffe more or less had some of the same procedural advantages she would have had had the suit been brought in the United States.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. Folkman also serves as an arbitrator and is a member of the Commercial and Consumer Panels of the American Arbitration Association. 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 treatise on International Aspects of US Litigation (J. Berger, ed. 2017), 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 and 2014 - 2016.

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