https://lettersblogatory.com/2019/03/18/case-of-the-day-ais-v-thoratec/ The Blog of International Judicial Assistance Mon, 11 Nov 2024 17:26:25 +0000 hourly 1 https://wordpress.org/?v=6.9.4 https://lettersblogatory.com/2019/03/18/case-of-the-day-ais-v-thoratec/#comment-3253 Tue, 30 Jul 2019 10:01:22 +0000 https://lettersblogatory.com/?p=28071#comment-3253 […] Judge Callahan dissented, arguing that the majority had, in effect, confused the constitutional doctrine of mootness with § 1782’s statutory requirement that the discovery sought must be for use in a foreign proceeding. With due respect to the judge, I do not really understand his point, at least after reading it a few times. I will think about it some more. On a more practical level, the judge did point out the inefficiency of the majority’s decision. I am sympathetic to that argument, and if Khrapunov were to bring a motion or an action to set aside the English decision and to claim the evidence was for use in that action, I wonder what would have been accomplished.1 […]

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