Category: Judicial Assistance Statute

  • US Pretrial Discovery for Foreign Litigants

    Here is a link to an article Penny Gilbert and I recently published in CDR, a British legal magazine, on US judicial assistance for litigants in British civil litigation. The article covers some of the key concepts in the judicial assistance statute and the mechanics of making a request for judicial assistance. Thanks to CDR……

  • Case of the Day:Chevron Corp. v. Berlinger

    It’s a big day at Letters Blogatory—our first appellate Case of the Day! The case is Chevron Corp. v. Berlinger. It arose out of the epic Lago Agrio litigation. You may remember the case as an example of why you should be careful what you wish for: Ecuadorian plaintiffs had filed a class action alleging……

  • Arbitral Tribunals as “Tribunals” Under The Judicial Assistance Statute

    Prior to 2004, it was fairly clear that arbitral tribunals were not “tribunals” for purposes of the judicial assistance statute, 28 U.S.C. § 1782, and thus that the statute did not authorize the District Courts to compel discovery in aid of foreign arbitrations. But in light of dicta in Intel Corp. v. Advanced Micro Devices, Inc.,……