Law

Second Circuit Sets the Floor for Rule 60(b)(3) Discovery 'Misconduct'

The case clarifies that negligent discovery errors, like missing emails, do not qualify as misconduct under Rule 60(b)(3) and cannot overturn final judgments. It emphasizes the need for careful review ...
JD Supra

Third Circuit Holds That Granting Discovery Under Section 1782 Is Not a “Final” Judgment

The U.S. Court of Appeals for the Third Circuit recently issued an opinion holding that when a district court has ordered discovery under 28 U.S.C. § 1782, but has not yet conclusively defined the ...
JD Supra

Contracting Around Section 1782 Discovery? Second Circuit Rules That Forum-selection Clauses May Weigh Against Discovery Applications Under 28 U.S.C. § 1782

In Banoka S.à.r.l. v. Elliott Management Corp., the Second Circuit recently held that a contractual forum-selection clause may weigh against an application for discovery under 28 U.S.C. § 1782 ...
Law

Second Circuit Reshapes Cross-Border Discovery Under Section 1782

Scott Schirick and Alan Mendelsohn discuss the Second Circuit's ruling in Bourlakova v. Kazakov which will have significant implications for any foreign litigant seeking discovery in the United States ...