Letters Rogatory

52 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Application of Alves Braga
  789 F. Supp. 2d 1294· S.D. Fla.· 2011-05-18 ·cited 128×
  The court granted in part and denied in part the motion to stay discovery, issuing a limited, temporary stay to balance competing interests.
• Pain v. United Techs. Corp.
  637 F.2d 775· D.C. Cir.· 1980-11-17 ·cited 124×
  The court held that the trial judge did not abuse discretion in conditionally dismissing wrongful death actions on forum non conveniens grounds, as the balance of private and public interests favored an alternative forum.
• Ciba-Geigy Ltd. v. The Fish Peddler, Inc.
  691 So. 2d 1111· Fla. 4th DCA· 1997-03-26 ·cited 72×
  The Fourth District Court of Appeal reversed the trial court's denial of defendants' motion to dismiss for forum non conveniens in a product liability case brought by Ecuadorian shrimp farmers against chemical manufacturers in Florida. The court held that under the recently adopt
• United States v. Mohammad Ali Bastanipour
  697 F.2d 170· 7th Cir.· 1982-12-30 ·cited 36×
  The court held that the government's attempted pretrial appeal of a non-appealable order did not divest the district court of jurisdiction, and various failures to preserve evidence or disclose information did not violate the defendant's rights or warrant a mistrial or new trial.
• In re Patricio Clerici
  481 F.3d 1324· 11th Cir.· 2007-03-21 ·cited 34×
  Patricio Clerici, a Panamanian citizen residing in Florida, appealed a district court order granting the United States government's application under 28 U.S.C. § 1782 to obtain his sworn answers to written questions posed by a Panamanian court in a post-judgment execution proceed
• United Kingdom v. Olumbummi Wood
  238 F.3d 1312· 11th Cir.· 2001-01-19 ·cited 34×
  British criminal defendants sought disclosure of sensitive U.S. law enforcement documents, including grand jury materials, work product, and wiretap information, through a letter rogatory under 28 U.S.C. § 1782. The district court declined to compel disclosure of most materials,
• Oscar Gruss & SON v. Lumbermens Mut. Cas. Co.
  422 F.2d 1278· 2d Cir.· 1970-03-03 ·cited 31×
  The court affirmed the judgment for the insured, holding that the insurer's arguments lacked merit and that the insured's employee's confession was admissible. Sanctions were awarded for the frivolous appeal.
• Marroquin-Manriquez v. The Immigr. & Naturalization Serv.
  699 F.2d 129· 3d Cir.· 1983-01-27 ·cited 30×
  The court held that the Board of Immigration Appeals did not err in denying the petitioner's request for withholding of deportation and asylum, nor did it abuse its discretion in denying discovery motions.
• In re Westinghouse Elec. Corp. Uranium Contracts Litig. (In the United States Dist. Court for the E. Dist. of Virginia) Ancillary Proceedings. In the Matter of Subpoenas Duces Tecum addressed to Rio Algom Corp. by George R. Albino & Mervyn Lawton
  563 F.2d 992· 10th Cir.· 1977-10-11 ·cited 29×
  The court held that the district court erred in adjudging Rio Algom in contempt and imposing severe sanctions for failing to comply with a discovery order, as the inability to comply due to foreign law, after diligent good-faith efforts, can be an adequate excuse.
• Republic Int'l Corp. (formerly Republic Int'l Eng'rs Corporation) v. Amco Eng'rs, Inc.
  516 F.2d 161· 9th Cir.· 1975-04-25 ·cited 29×
  The court held that service of process was valid under Rule 83 and that the Ministry had sufficient minimum contacts with California to establish personal jurisdiction. However, the court reversed the judgment based on enforceable forum-selection clauses requiring suit in Uruguay
• United States v. Mohamed Salim
  855 F.2d 944· 2d Cir.· 1988-08-24 ·cited 27×
  A deposition taken abroad under foreign law, even with procedural differences from U.S. standards, may be admissible in a criminal trial if the defendant had an opportunity for similar cross-examination and the foreign procedures are not so unreliable as to violate fundamental fa
• In re Letters Rogatory Issued BY the Dir. OF Inspection OF the Gov't OF India to take the Testimony of the President or Other Designated Representative of Messrs. Brown Bros.
  385 F.2d 1017· 2d Cir.· 1967-11-09 ·cited 23×
  The court held that an Indian Income-Tax Officer is not a 'tribunal' within the meaning of 28 U.S.C. § 1782, as amended.
• Merino v. United States Marshal
  326 F.2d 5· 9th Cir.· 1963-12-14 ·cited 23×
  The court held that the district court correctly applied the standard for reviewing extradition proceedings and that the commissioner did not abuse his discretion in finding sufficient evidence to certify the appellant for extradition.
• In re Grand Jury Proceedings the Bank OF Nova Scotia. United States v. The Bank OF Nova Scotia
  740 F.2d 817· 11th Cir.· 1984-08-14 ·cited 20×
  The Bank of Nova Scotia appealed a civil contempt order and $1,825,000 fine imposed by the district court for failing to comply with a grand jury subpoena duces tecum seeking financial documents from the Bank's branches in the Bahamas, Cayman Islands, and Antigua. The Eleventh Ci
• Petroleos Mexicanos v. Crawford Enters., Inc.
  826 F.2d 392· 5th Cir.· 1987-09-10 ·cited 19×
  The court held that the civil contempt finding against Pemex is final and appealable, but the criminal contempt finding is not because no sanction was imposed. The court affirmed the civil contempt finding and dismissed the criminal contempt appeal.
• Clement J. Ings v. Murray Ferguson
  282 F.2d 149· 2d Cir.· 1960-08-10 ·cited 19×
  The court held that U.S. courts should not enforce subpoenas for foreign records when doing so may violate foreign law or circumvent established international procedures like letters rogatory.
• In re Anschuetz & Co., GmbH
  754 F.2d 602· 5th Cir.· 1985-03-07 ·cited 18×
  The Hague Convention does not supplant the Federal Rules of Civil Procedure for foreign nationals subject to United States court jurisdiction, and discovery orders are permissible.
• United States v. Sensi
  879 F.2d 888· D.C. Cir.· 1989-07-11 ·cited 17×
  The court held that the indictment was valid under the extradition treaty and that the evidence was sufficient to support the conviction.
• Costello Publ'g Co. v. Rotelle
  670 F.2d 1035· D.C. Cir.· 1981-11-10 ·cited 16×
  The court held that the district court erred in dismissing copyright infringement counterclaims for failure to join an indispensable party, as infringers are jointly and severally liable. It also held that there is no blanket religious exemption from antitrust laws.
• In re Letters Rogatory from the Tokyo Dist.
  539 F.2d 1216· 9th Cir.· 1976-06-23 ·cited 16×
  The court held that the Tokyo District Court's investigation qualified as a 'tribunal' under 28 U.S.C. § 1782, and the witnesses were not entitled to a stay pending appeal.
• Dowling v. Isthmian S. S. Corp.
  184 F.2d 758· 3d Cir.· 1950-08-30 ·cited 16×
  A federal court sitting in admiralty has the power to compel a party to submit to oral examination regarding matters involved in a libel, even if statutes permitting such examinations have been repealed, as this power is inherent in the court's traditional practice and discretion
• John Deere Ltd. & Deere & Co. v. Sperry Corp.
  754 F.2d 132· 3d Cir.· 1985-02-05 ·cited 15×
  28 U.S.C. § 1782(a) does not require a district court to consider the availability of reciprocal foreign procedures or the ultimate admissibility of evidence in the foreign jurisdiction before granting a discovery order requested by a foreign litigant.
• In re Letter Rogatory From the Just. Court
  523 F.2d 562· 6th Cir.· 1975-09-25 ·cited 15×
  The court held that 28 U.S.C. § 1782 applies to documentary evidence sought for use in a foreign criminal proceeding and that the appellant has standing to challenge the subpoena.
• United States v. Butenko
  384 F.2d 554· 3d Cir.· 1967-10-06 ·cited 14×
  The court held that the evidence was sufficient to sustain the convictions of both defendants for conspiracy and violations related to acting as unregistered agents of a foreign power.
• United States v. Reagan
  453 F.2d 165· 6th Cir.· 1971-12-09 ·cited 12×
  The court held that the district court had subject matter jurisdiction and did not err in issuing a letter rogatory for evidence from Germany, as the German authorities had not asserted jurisdiction.
• Branca v. Sec. Benefit Life Ins. Co.
  789 F.2d 1511· 11th Cir.· 1986-05-23 ·cited 10×
  The court held that appellants are entitled to an evidentiary hearing on their motion for a new trial based on newly discovered evidence, and that the trial judge erred by not ruling on the request for sanctions.
• United States v. Staples
  256 F.2d 290· 9th Cir.· 1958-03-11 ·cited 10×
  The appellate court held that it has the power to order the taking of new evidence, even if it requires directing the district court to issue process for witnesses abroad, when the evidence is newly discovered, material, and diligence has been shown.
• In re Banco Santander Securities-Optimal Litigation
  732 F. Supp. 2d 1305· S.D. Fla.· 2010-07-30 ·cited 9×
  The court granted six defendants' motions to dismiss for lack of personal jurisdiction and dismissed the case under the doctrine of forum non conveniens, finding Ireland to be a more convenient forum.
• Cermesoni v. Maneiro
  144 So. 3d 627· Fla. 3d DCA· 2014-08-06 ·cited 8×
  In a family law matter where an Argentine court issued a freeze order on Miami bank accounts via letters rogatory, the Florida appellate court affirmed the trial court's denial of the defendant's motion to increase the injunction bond, holding that Florida's ancillary role in enf
• In re Grand Jury Proceedings v. (Under Seal)
  817 F.2d 1108· 4th Cir.· 1987-05-05 ·cited 8×
  The court held that the current Philippine government's waiver of head-of-state immunity is effective, and the Fifth Amendment privilege against self-incrimination does not protect against foreign prosecution.
• In re the Grand Jury Subpoena Duces Tecum of Raymond J. Ryan
  430 F.2d 658· 9th Cir.· 1970-05-19 ·cited 8×
  The court held that the district court's order denying a motion to quash a subpoena duces tecum, which also modified the subpoena and required affirmative action in a foreign country, was an appealable interlocutory order.
• Richard A. Umbenhauer in Bankr. of Xouth, Inc. v. Philippe-Guy Woog
  969 F.2d 25· 3d Cir.· 1992-07-10 ·cited 7×
  The court held that while service of process was insufficient, dismissal of the complaint was an abuse of discretion because plaintiffs had a reasonable prospect of effecting service and were not time-barred.
• J.C. Renfroe & Sons, Inc. v. Renfroe Japan Co.
  515 F. Supp. 2d 1258· M.D. Fla.· 2007-09-07 ·cited 6×
  The court held that Japan is an available and adequate alternative forum, and that the private and public interest factors weigh in favor of dismissal on forum non conveniens grounds.
• In re Letters Rogatory From the City OF Haugesund
  497 F.2d 378· 9th Cir.· 1974-05-10 ·cited 6×
  The court held that an order compelling a witness to answer questions in a proceeding ancillary to a foreign tribunal is not a final decision and thus not immediately appealable. The court also affirmed the denial of a motion to quash service of a foreign notice, finding it prope
• United States v. Cruz
  698 F.2d 1148· 11th Cir.· 1983-02-22 ·cited 5×
  The trial judge committed reversible error by providing an incorrect jury instruction on the definition of 'accrual' for foreign tax credits.
• In re the Application of Malev Hungarian Airlines v. United Techs. Int'l Inc.
  964 F.2d 97· 2d Cir.· 1992-05-05 ·cited 4×
  The court held that the district court abused its discretion in denying a discovery request under 28 U.S.C. § 1782, as the statute does not require exhaustion of foreign remedies or a request from the foreign tribunal.
• United States v. Kincaid
  712 F.2d 1· 1st Cir.· 1983-07-21 ·cited 4×
  The court held that the destruction of evidence (Coast Guard tapes) did not warrant dismissal of the indictment because the tapes were not material to the defense's case or the finding of guilt. The court also rejected arguments regarding letters rogatory and the re-examination o
• Sprague & Rhodes Commodity Corp. v. Instituto Mexicano del Cafe
  566 F.2d 861· 2d Cir.· 1977-12-07 ·cited 4×
  The court held that the district court must determine the jurisdictional effect of the appearance made in the Mexican court before ruling on the petition to compel arbitration.
• United States v. Noriega
  746 F. Supp. 1541· S.D. Fla.· 1990-06-14 ·cited 3×
  The court held that due process requires the government to demonstrate a likelihood that a criminal defendant's assets, which are the defendant's only means of paying for counsel of choice, are connected to illegal activity before they can be frozen.
• Young v. United States Dep't OF Just.
  882 F.2d 633· 2d Cir.· 1989-08-08 ·cited 3×
  The Right to Financial Privacy Act (RFPA) does not apply to court-appointed commissioners, even if they are government employees, when they obtain financial information via court-ordered subpoenas for foreign investigations. New York law does not recognize a cause of action for b
• Hall v. Ins. Corp. of British Columbia
  2010 WL 746493· M.D. Fla.· 2022-12-12 ·cited 2×
  The court granted the plaintiff's motions for issuance of letters rogatory to obtain testimony and documents from Canadian non-parties.
• de Pacanins v. Pacanins
  650 So. 2d 1028· Fla. 3d DCA· 1995-02-01 ·cited 2×
  The wife appeals a non-final order releasing funds, previously frozen, to the husband, and the appellate court reverses this order.
• In re Request for Int'l Jud. Assistance (Letter Rogatory) FOR THE Federative Republic OF Brazil. Gen. Universal Trading Corp. v. Morgan Guar. Tr. Co. OF NEW York
  936 F.2d 702· 2d Cir.· 1991-06-21 ·cited 2×
  A district court may order evidence production under 28 U.S.C. § 1782 for a foreign tribunal only if an adjudicative proceeding is imminent, not merely probable or eventually occurring.
• In re Request From the Swiss Fed. Dep't of Just. & Police
  731 F. Supp. 490· S.D. Fla.· 1990-02-09 ·cited 1×
  The court held that pronouncing a Swiss indictment during a deposition is equivalent to an arraignment, which the United States cannot compel via civil subpoena under the governing treaty and its own laws.
• Hall v. Ins. Corp. of British Columbia
  M.D. Fla.· 2023-10-20
  The court denied the defendant's motion for sanctions, finding that the plaintiff's actions in attempting to conduct discovery after the deadline, including filing a petition in a foreign court, did not warrant sanctions under Rule 16(f).
• Montero v. United States
  S.D. Fla.· 2023-03-27
  The court granted the government's motion to dismiss all claims against the United States for lack of jurisdiction and vacated a default against Santilli, ordering Montero to show cause why his fraud claim against Santilli should not be dismissed for failure to serve and failure
• Thanh-Thuy Thi le v. Deutsche Bank Nation Tr. Co.
  264 So. 3d 1007· Fla. 2d DCA· 2018-10-26
  An order that merely schedules a foreclosure sale is not a final appealable order, and orders denying relief from foreclosure judgment are reviewable on appeal but were properly denied in this case.
• Asperbras Tecnologia Indus. v. Good Hope Dev., LLC
  213 So. 3d 1061· Fla. 3d DCA· 2017-03-08
  Asperbras, a Brazilian corporation, appealed the denial of its motion to quash service of process and dismiss Good Hope's tortious interference complaint for lack of personal jurisdiction, improper venue, and forum non conveniens. The Florida appellate court affirmed, holding tha
• United States v. Des Marteau
  14 F.R.D. 235· M.D. Fla.· 1995-04-26
  The court held that defendants may depose certain Canadian witnesses under Federal Rule of Criminal Procedure 15, but defendants will not be physically present at the depositions, attending instead via teleconference.
• De Trujillo v. Dominguez
  532 So. 2d 1101· Fla. 3d DCA· 1988-10-11
  The court held that the trial court abused its discretion by imposing the severe sanction of dismissal for non-compliance with a discovery order, given the appellant's age, infirmity, and financial inability to comply, and in the absence of evidence of willful disregard for the c