Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “1782

Cert. Watch: Servotronics v. Rolls-Royce

Posted on January 6, 2021

Readers, I am keeping my eye on the cert. petition in Servotronics, Inc. v. Rolls-Royce plc, a case I’ve written about before, which raises the question whether § 1782 reaches private international arbitrations, or more specifically, whether such arbitrations are proceedings in a foreign or International tribunal, as the statute requires. The petition was filed in December. I’ve said before that given the existing circuit split, a well-drafted petition could be compelling. But I also have expressed some doubt about whether the parties could get the case teed up for the Supreme Court in time to avoid mootness, since under ordinary rules the arbitration still has to be pending for the Court to have jurisdiction to hear the case.

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Case of the Day: Banca Pueyo v. Lone Star Fund IX

Posted on November 2, 2020

The case of the day is Banca Pueyo S.A. V. Lone Star Fund IX (US), LP (5th Cir. 2020). The case addresses an important point about § 1782 procedure, namely, when a decision is sufficiently final to permit an appeal. I preface the discussion by saying that if you find yourself in a § 1782 appeal, you’re probably not where you want to be. If you’re the applicant appealing, the time available in the foreign proceeding for offering evidence may be short enough that an appeal can’t give you effective relief. If you’re the respondent appealing, you probably need to make a pretty good showing in order to get a discovery order stayed pending appeal. As in any other litigation, the time and expense…

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Book of the Day: The Globalization of Discovery

Posted on October 29, 2020

Lucas Bento, a lawyer with Quinn Emanuel, is opposing counsel in a new 1782 case I’m defending and also, from my discussions with him, a fine lawyer and a good guy, so I thought it was time to buy his book, The Globalization of Discovery: the Law and Practice under 28 U.S.C. § 1782 (2020). It’s a good book! Much of it is doctrinal, and Lucas thoroughly covers the statutory requirements and the Intel factors. But to my mind the best chapters are the first two and the last. The beginning of the book gives an overview of the US discovery system that will be particularly useful for non-US lawyers and an historical overview of Section 1782. The last chapter gives some guidance on…

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