In re Application of ASTA MEDICA, S.A., et al., 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., Appellants.
In re Application of ASTA MEDICA, S.A., et al., 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, Appellants.
In re Application of ASTA MEDICA, S.A., et al., 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, Appellants.
In re Application of ASTA MEDICA, S.A., et al., 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, Appellants.
In re Application of ASTA MEDICA, S.A., et al., 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 Goldman, Appellants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard July 29, 1992.
Decided December 4, 1992.
Attorney(s) appearing for the Case
Stephen D. Brown, with whom Bernard J. Bonn, III, Timothy C. Blank, Joseph A. Tate, Dechert Price & Rhoads, Philadelphia, Pa., Rudolf E. Hutz, and Connolly, Bove, Lodge & Hutz, Wilmington, Del., were on brief, for appellants.
Zachary Shimer, with whom Stuart D. Baker, W. Colm McKeveny, Chadbourne & Parke, New York City, Michael A. Nelson, Deborah M. Mann, Jensen Baird Gardner & Henry, Portland, Me., John D. Murnane, Brumbaugh, Graves, Donohue & Raymond, Marvin C. Soffen and Ostrolenk, Faber, Gerb & Soffen, New York City, were on brief, for appellees Asta Medica, S.A., Dagra BV, Laboratoires Sarget, S.A., NAPP Laboratories Ltd., and Hovione Sociedade Quimica, S.A.
Before TORRUELLA and BOUDIN, Circuit Judges, and KEETON, District Judge.
United States Court of Appeals, First Circuit.
TORRUELLA, Circuit Judge.
Pursuant to 28 U.S.C. § 1782(a),1 district courts are authorized to assist foreign and international tribunals, and the litigants before such tribunals, in obtaining discovery in the United States for use in proceedings abroad. In this appeal, we examine whether an applicant under 28 U.S.C. § 1782(a) has to make a threshold showing, prior to obtaining such discovery, that the information sought in the...
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