No. 18-706

Esther Kiobel, By and Through Her Attorney-In-Fact, Channa Samkalden v. Cravath, Swaine & Moore LLP

Lower Court: Second Circuit
Docketed: 2018-11-30
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: confidentiality-order discovery-standards discretion discretion-of-district-court district-court-discretion foreign-court-receptivity foreign-legal-assistance foreign-legal-assistance-statute-28-usc-1782 foreign-non-discoverability intel-case intel-v-advanced-micro-devices non-discoverability second-circuit-court-of-appeals section-1782
Latest Conference: 2019-01-04
Question Presented (from Petition)

Under Intel, may a district court in its discretion allow Section 1782 discovery where the foreign court is receptive to U.S. discovery, but the documents at issue "would not be discoverable abroad"?

Question Presented (AI Summary)

Under Intel, may a district court in its discretion allow Section 1782 discovery where the foreign court is receptive to U.S. discovery, but the documents at issue 'would not be discoverable abroad?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-19
DISTRIBUTED for Conference of 1/4/2019.
2018-12-11
Waiver of right of respondent Cravath, Swaine & Moore LLP to respond filed.
2018-11-28
Petition for a writ of certiorari filed. (Response due December 31, 2018)

Attorneys

Cravath, Swaine & Moore LLP
Neal Kumar KatyalHogan Lovells US LLP, Respondent
Esther Kiobel
Marco Benjamin SimonsEarthRights International, Petitioner