In Re Application For An Order Permitting Metallgesellschaft Ag To Take Discovery

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[W]e will not speculate – particularly on the basis of an ambiguous affidavit – [about] whether [a party] enjoys a privilege under [foreign] law.”
• “To require the district court to determine such a[] [foreign-privilege] issue would involve it in a speculative foray into legal territories unfamiliar to federal judges.” (alteration adopted and internal quotation marks omitted)
• “[W]e have held that a district court may not refuse a request for discovery pursuant to § 1782 because a foreign tribunal has not yet had the opportunity to consider the discovery request.”
• “[I]f it were clear that discovery were equally available in both 8 foreign and domestic jurisdictions, a district court might rely on this evidence to 9 conclude that the § 1782 application was duplicative [under Rule 26] . . . or was 10 brought vexatiously . . . .”

Source: CourtListener parenthetical corpus (CC0).