Letters Blogatory

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

Posts tagged “mandamus

More Servotronics Action

Posted on April 22, 2021

Back in March 2020, the Fourth Circuit issued a decision in the Servotronics case, holding that courts had the power, under § 1782, to order discovery in aid of a private international arbitration outside the United States. Its decision was at odds with the Seventh Circuit’s decision later that year, adding to the circuit split that resulted in the Supreme Court’s decision to grant cert. to resolve the split. But while Servotronics pushes ahead in its attempt to get evidence for use in the case, it faces enormous time pressure: the arbitrators recently refused to continue the hearing, now scheduled for May 10, in order to allow time for the § 1782 proceedings to reach a conclusion. Following the Fourth Circuit’s decision, the case…

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Case of the Day: In re Petition of Boehringer Ingelheim Pharmaceuticals

Posted on February 4, 2014

The case of the day is In re Petition of Boehringer Ingelheim Pharmaceuticals, Inc. (7th Cir. 2014). Judge Posner, who wrote the opinion and is also the author of the Heraeus Kulzer and GEA Group cases, continues to show a strong interest in international judicial assistance. The case arose on a petition for a writ of mandamus seeking to challenge an unusual discovery sanction—an order requiring depositions of foreign witnesses to take place in the United States.

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