Eversheds Sutherland 11th Circuit Business Blog
content top

Eleventh Circuit Takes the Middle of the Road in Evaluating a Foreign Tribunal’s “Receptivity” to Judicial Assistance from U.S. Courts

In Department of Caldas v. Diageo PLC, 2019 WL 2333910 (11th Cir. June 3, 2019), the Eleventh Circuit held that a district court evaluating a foreign court’s receptivity to judicial assistance from a U.S. Court in the context of an application for discovery under 28 U.S.C. § 1782 need not apply a rigid burden of proof.  Section 1782 permits, under certain circumstances, discovery in...

Eleventh Circuit Allows Extraterritorial Discovery for Foreign and International Disputes

28 U.S.C. § 1782 provides federal-court assistance in gathering evidence for use in foreign tribunals, but how far does its reach extend? In an opinion published on August 23, 2016, Sergeeva v. Tripleton International, 2016 WL 4435616, the Eleventh Circuit addressed the use of Section 1782 to achieve discovery of documents outside U.S. territorial limits and possessed by a related...