Bouvier v. Adelson
Applicant Could Obtain Discovery Under §1782 If it Could Submit to Foreign Tribunal
September 13, 2017 at 12:00 AM
3 minute read
District Judge LEWIS A. KAPLAN
Intervenors appealed from the district court's order granting petitioners' application for discovery in aid of foreign litigation under 28 U.S.C. §1782. In their appeal, intervenors raised the issue of whether discovery sought under §1782 was “for use in a proceeding in a foreign or international tribunal” where the applicant was a crime victim but was not making a claim for damages. Intervenors further challenged whether an applicant who had obtained discovery under §1782 as to one foreign proceeding could use that discovery in other foreign proceedings. As to intervenors' first argument, the court ruled that §1782 did not require that an applicant be a party to the foreign proceeding or press a claim for relief or have a chance for damages. Instead, the applicant merely needed to have the procedural ability to “inject” the information into the foreign proceeding. As to intervenors' second argument, the court ruled that §1782 with no limiting text, permitted applicants to use discovery obtained thereunder in any foreign proceeding, absent an order by the district court to the contrary. With the district court below having not issued such an order, the court affirmed.
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