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IN RE EDELMAN

Docket No. 01-7257.

295 F.3d 171 (2002)

In re Application of Asher B. EDELMAN, Museum Partners, Musee Partners, Edelman Value Partners, L.P., Edelman Value Fund and Wimbledon Edelman Select Opportunities Hedge Fund for an Order to conduct discovery for use in a foreign proceeding. Asher B. Edelman, Museum Partners, Musee Partners, Edelman Value Partners, L.P., Edelman Value Fund And Wimbledon Edelman Select Opportunities Hedge Fund, Petitioners-Appellants, v. Claude Taittinger, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 1, 2002.

Attorney(s) appearing for the Case

Mark S. Cohen, New York, NY, (Stanley S. Arkin, Steven K. Barentzen, Arkin Kaplan & Cohen, LLP, New York, NY; Tracy E. Makow, Stewart Occhipinti & Makow, LLP, New York, NY, of counsel), for Petitioners-Appellants.

James V. Masella, III, New York, NY, (D. Stuart Meiklejohn, Sullivan & Cromwell, New York, NY, of counsel), for Respondent-Appellee.

Before FEINBERG, CARDAMONE, and POOLER, Circuit Judges.

CARDAMONE, Circuit Judge.

Congress enacted a statute to provide equitable and efficacious discovery for use in foreign and international proceedings. The statute, 28 U.S.C. § 1782, aimed to make discovery of evidence for use in foreign litigation simple and fair. This appeal focuses on whether a foreign national temporarily in the United States is subject to being subpoenaed and deposed here as an aid to ongoing litigation in France. As the reader will see &...

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