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Case of the Day: Khrapunov v. Prosyankin
The case of the day is Khrapunov v. Prosyankin (9th Cir. 2019). Khrapunov was a defendant in an English lawsuit in which he was alleged to have misappropriated money from JSC BTA Bank, a Kazakh bank. He sought discovery from Google in the Northern District of California for use in the English case, and specifically……
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Case of the Day: AIS v. Thoratec
The case of the day is AIS GmbH Aachen Innovative Solutions v. Thoratec LLC (9th Cir. 2019). AIS and Abiomed Europe GmbH sought leave to take discovery under § 1782 in aid of a patent infringement case Abiomed had brought against Thoratec in Germany involving heart pumps. A magistrate judge granted the application and ordered……
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Private International Arbitration And § 1782: Are We Nearer To A Reckoning?
In In re Application and Petition of Hanwei Guo (S.D.N.Y. 2019), the court, following the Second Circuit’s precedent in National Broadcasting Co. v. Bear Stearns & Co., 165 F.3d 184 (2d Cir. 1999), held that a private international arbitral tribunal was not a “tribunal” for purposes of § 1782, and thus it denied an application……
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Case of the Day: In re Request for International Judicial Assistance from the Court of First Instance of Macau
The case of the day is In re Request for International Judicial Assistance from the Court of First Instance of the Special Administrative Region of Macau, 2nd Civil Court (N.D. Cal. 2019). A court in Macau made a request to the US Central Authority under the Hague Evidence Convention, seeking aid in obtaining answers to……
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Case of the Day: In re Request for Judicial Assistance from the First Instance Court in Civil and Commercial Matters
The case of the day is In re Request for Judicial Assistance from the First Instance Court in Civil and Commercial Matters No. 12 in Buenos Aires, Argentina (M.D. Fla. 2019). An Argentine court requested judicial assistance from the United States under the Hague Evidence Convention in order to obtain bank account statements for a……