Letters Blogatory

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

Posts tagged “commissioner

Case of the Day: Salt River Project v. Trench France

Posted on April 10, 2018

The case of the day is Salt River Project Agricultural Improvement and Power District v. Trench France SAS (D. Ariz. 2018). The Salt River Project sued Trench France in a case arising out of an explosion at a Salt River power plant. Trench France brought an interesting motion seeking appointment of a commissioner under Chapter 2 of the Hague Evidence Convention, so that all information it produces to Salt River in discovery will be produced under Chapter 2. The context in which Trench France made its motion is unclear. Were there prior fights in the case about discovery? Did Salt River already seek to make use of Chapter 1? But what makes the motion so unusual is that the French defendant is actively seeking…

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Case of the Day: In re Asbestos Products Liability Litigation (Hamilton v. American President Lines)

Posted on September 19, 2012

The case of the day is Hamilton v. American President Lines Ltd. (E.D. Pa. 2012), one of the thousands of cases that are part of the multi-district litigation on asbestos product liability. As with many MDLs, it’s difficult to decipher the docket. Neil Hamilton is one of the plaintiffs asserting claims under the Jones Act and general maritime law against shipowners and others. Hamilton is a US national residing in France. He was diagnosed with mesothelioma in 2010, and his lawyers noticed his deposition in order to preserve his testimony because his health had significantly declined; they also sought appointment of a commissioner to take the deposition. The deposition was to be taken in Mr. Hamilton’s home. The shipowners objected to the deposition on…

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