Boeing Says Split On Arb. Discovery Not Worth Justices' Time

Law360 (February 11, 2021, 8:03 PM EST) -- Boeing and Rolls-Royce are urging the Supreme Court to reject a petition to resolve whether U.S. law allows federal courts to order discovery for private commercial arbitration abroad, saying a "minor" circuit split doesn't merit the high court's attention.

Although the Sixth and Fourth circuits have recently ruled in favor of such discovery in private arbitrations, diverging from three of their sister courts, a Fourth Circuit opinion was based on an odd theory and shouldn't be given much weight, The Boeing Co. and Rolls-Royce PLC wrote in a Wednesday opposition brief to the Supreme Court.

"[W]hile there is a minor circuit...

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