The case of the day is In re Pinchuk (S.D. Fla. 2014). The proceeding was an application under § 1782, and the question was whether the application should be consolidated with an earlier application pending in the same court.
We’ve seen many judicial assistance applications filed all over the country by both sides in the Lago Agrio case. Why are these not consolidated into a single proceeding? One answer may be that the parties are engaged in a war of attrition and are not interested in consolidation. Another answer may be that there is……