A Better Specific Jurisdiction Test For Cross-Border Discovery

Law360 (November 8, 2019, 2:09 PM EST) -- The increasingly popular federal statute concerning cross-border judicial assistance, Title 28, Section 1782 of the U.S. Code, enables a district court to order a person that resides or is found within its jurisdiction to produce evidence for use in a proceeding in a foreign or international tribunal.

In Del Valle Ruiz, the U.S. Court of Appeals for the Second Circuit recently addressed two questions concerning the application of this unique legislation: (1) on what bases does a district court have personal jurisdiction over a nonparty for purposes of the statute (how does a court interpret and apply the resides or is...

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