United States Second Circuit

In an application to compel discovery pursuant to 28 U.S.C. section 1782, the district court's denial on the ground that the materials sought were not "for use" in a foreign proceeding, as required by section 1782, is vacated where: 1) an applicant may satisfy the statute's "for use" requirement even if the discovery she seeks is not necessary for her to succeed in the foreign proceeding; and 2) the discovery need not be sought for the purpose of commencing a foreign proceeding in order to be "for use" in that proceeding.

Appellate Information

• Decided 07/17/2015
• Published 07/17/2015

Judges

• Lynch

Court

• United States Second Circuit

Counsel