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1782 (Obtaining Evidence) Cases
The following is a sampling of cases in which American courts have granted requests for discovery in connection with cases before non-US tribunals.
2009
  • Florida court grants section a section 1782 discovery order, at the request of a German corporation that is a defendant in an action in China.
    Nature of non-US case:  Insurance dispute.
     
    2007
  • Minnesota court grants a section 1782 discovery order, at the request of a Canadian corporation that is a claimant in an arbitration in Israel, for production of documents by a shareholder of the defendant in the Israeli arbitration.
    Nature of non-US case: breach of contract to pay finder's fee.
     
    2006
  • Atlanta, Georgia court grants a section 1782 discovery order, at the request of party to an arbitration before the Austrian Federal Economic Chamber, for the production of documents from an affiliate of another party to the Austrian arbitration.
    Nature of non-US case: breach of joint venture agreement.
     
     
  • An Illinois court grants a section 1782 discovery order, at the request of a former chief executive of a Brazilian company, for use in two Brazilian lawsuits.
    Nature of non-US case: wrongful termination of employment.
     
     
  • A Colorado court grants a section 1782 discovery order, at the request of English estate administrators, for (among other things) the production of documents in an accounting of U.S. assets and liabilities of a decedent's partnership.
    Nature of non-US case: Estate accounting.
     
     
  • Florida court grants an ex parte section 1782 discovery order, at the request of a resident of Brazil, for the production of bank account documentation regarding accounts in the name of her (applicant's) husband, in connection with divorce proceedings in Brazil.
     
    2005
  • A New York court grants a section 1782 discovery order, at the request of a non-US electric company, to use discovery materials obtained in a United States patent litigation in related non-US patent actions.
     
     
  • A New York court grants a section 1782 order for the production of documents from seven non-parties that had business dealings with defendant, a corporation based in Israel.
    Nature of non-US case: Labor dispute.
     
    2002
  • A California court grants a section 1782 discovery order, at the request of a Taiwanese corporation, seeking documents and depositions from the petitioner corporation for use in civil cases against the company in the courts of both the People's Republic of China and Taiwan.
    Nature of non-US case: Misappropriation of trade secrets.
     
    2001
  • New York court grants a section 1782 discovery order, at the request of shareholders in a French corporation, for the testimony of a member of the board of directors of the French company while that director, a French national, was temporarily in the United States.
    Nature of non-US case: securities fraud.