Legal Opinion · Dissent
Euromepa S.A. v. R. Esmerian, Inc.
Court of Appeals for the Second Circuit
Decided March 20, 1995No. 606, Docket 94-7523Published
1DissentJacobs, Circuit Judge
I respectfully dissent. The majority opinion asks to what degree federal district courts “should delve into the mysteries of foreign law” in deciding petitions for discovery under 28 U.S.C. § 1782(a). I would re-frame the question presented on this appeal to ask what inquiry concerning the foreign forum and its discovery mechanisms is appropriate where the petition under section 1782 seeks American-style discovery: whole categories of documents and multiple depositions.1
In its answer, the majority opinion alters law and precedent in three ways that are unnecessary and unwise. First, we have…
2Cases cited6 opinions
- John Deere Limited and Deere & Company v. Sperry CorporationCourt of Appeals for the Third Circuit · 1985
- In Re APPLICATION OFCourt of Appeals for the Second Circuit · 1993
- Lo Ka Chun v. Lo toCourt of Appeals for the Eleventh Circuit · 1988
- In Re Application of Asta Medica, S.A., for an Order to Take Discovery of David W. Moriarty, Jr., and for a Subpoena Duces Tecum, for Use in Foreign Countries in Civil Proceedings There Pending, Pfizer, Inc. And David W. Moriarty, Jr., in Re Application of Asta Medica, S.A., for an Order to Take Discovery of Hermann Faubl and for a Subpoena Duces Tecum, for Use in Foreign Countries in Civil Proceedings There Pending, Pfizer, Inc. And Hermann Faubl, in Re Application of Asta Medica, S.A., for an Order to Take Discovery of Thomas Mott Brennan and for a Subpoena Duces Tecum, for Use in Foreign Countries in Civil Proceedings There Pending, Pfizer, Inc. And Thomas Mott Brennan, in Re Application of Asta Medica, S.A., for an Order to Take Discovery of Pfizer, Inc. And Irving Maurice Goldman and for a Subpoena Duces Tecum, for Use in Foreign Countries in Civil Proceedings There Pending, Pfizer, Inc. And Irving Maurice Goldman, in Re Application of Asta Medica, S.A., for an Order to Take Discovery of Barry Malcolm Bloom and Irving Maurice Goldman and for a Subpoena Duces Tecum, for Use in Foreign Countries in Civil Proceedings There Pending, Barry Malcolm Bloom and Irving Maurice GoldmanCourt of Appeals for the First Circuit · 1992
- Ratliff v. United StatesSupreme Court of the United States · 1993
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