Second Circuit — Subpoena: Brandi-Dohrn v. IKB Deutsche Industriebank AG

U.S. Court of Appeals for the Second Circuit

Subpoena

Foreign proceeding — “For Use” Requirement

Brandi-Dohrn v. IKB Deutsche Industriebank AG
11-4851-cv
Judges Kearse, Cabranes and Straub

Background: The petitioner appealed from an order that granted the respondent’s motion to quash subpoenas issued pursuant to 28 U.S.C. § 1782. The petitioner sought assistance from the court to order discovery from three non-parties for use in a securities fraud action he filed in Germany. The court had determined that the information sought was unlikely to be used in the German tribunal because it was not likely to be admitted.

Ruling: The Second Circuit reversed. The statute at issue empowers a district court to order a person to “give testimony or statement or produce a document or the thing for use in a proceeding in a foreign or international tribunal.” The statute, the court found, had no requirement that the admissibility of a particular piece of evidence be considered when determining whether to issue the subpoena “for use” in a foreign proceeding.

Ralph M. Stone and Susan M. Davies of Stone Bonner & Rocco LLP for the petitioner-appellant; Zachary D. Rosenbaum of Lowenstein Sandler PC for the respondent-appellee