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Monday, January 24, 2011
Ind. Decisions - 7th Circuit issued one Indiana ruling today
In Applications of Heraeus Kulzer v. Biomet (ND Ind., Miller, a 14-page opinion, Judge Posner writes:
This is an appeal from orders by the district court denying applications to compel discovery for use in a lawsuit pending in a foreign court. * * *
The district court’s decision must be reversed and the matter returned to that court for consideration of Heraeus’s discovery demands under Rule 26 and any other pertinent rules governing discovery in federal district courts. The district court need not bother itself with section 1782 any longer but is to consider Heraeus’s requests as it would any other discovery request in a complex case, and to do so in accordance with the discussion in this opinion. REVERSED AND REMANDED.
Posted by Marcia Oddi on January 24, 2011 01:06 PM
Posted to Ind. (7th Cir.) Decisions