Letters Blogatory

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

Posts tagged “Spain

Case of the Day: Sucesores de Done Carlo Nuñez v. Société Générale

Posted on November 18, 2019

The case of the day is Sucesores de Done Carlo Nuñez y Doña Pura Galvez, Inc. v. Société Générale S.A. (S.D. Fla. 2019). The case was a Helms-Burton Act case. Banco Nuñez sought leave to serve process on the Bank of Nova Scotia and the National Bank of Canada, both Canadian firms, and Banco Bilbao Vizcaya Argentaria, S.A., a Spanish bank, by alternate means, namely, by service on wholly-owned American subsidiaries.

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Case of the Day: Application of Del Valle Ruiz

Posted on October 10, 2019

The case of the day is In re Application of del Valle Ruiz (2d Cir. 2019). I’ve written about the case twice before, first in a October 2018 post on the district court decision, and then in an April 2019 post after oral argument. This is the latest in a line of recent important § 1782 decisions. Today’s decision addresses two important points: how the Due Process Clause applies to personal jurisdiction challenges in § 1782 cases, and whether the statute permits extraterritorial discovery, i.e., whether the documents sought have to be within the United States.

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Looming Problem of the Day: In re Application of del Valle Ruiz

Posted on April 15, 2019

The Second Circuit heard oral argument on March 25 in In re Application of Antonio del Valle Ruiz. Del Valle Ruiz was an investor in Banco Popular Español who lost his investment when the EU and the Spanish government put the bank into receivership and sold it for € 1 to Banco Santander. Del Vale Ruiz sought to annul the bank liquidation in the Court of Justice of the EU, and it sought discovery from Santander in New York under § 1782. The court held that Santander (including Banco Santander, S.A., Santander Holdings U.S.A., Inc., and Santander Bank N.A.) was not “found” and did not “reside” in New York, as the statute requires. Del Valle Ruiz appealed.

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