Home -> Law Blog Directory -> Appellate Law Blogs -> North Carolina Appellate Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Appellate Law
: North Carolina Appellate BlogCOA: Order Requiring Foreign Party to Appear for Jurisdictional Discovery Deposition Does Not Affect Substantial Right
By Sean E. Andrussier
Defendants, who live in the Phillipines, appealed the trial court's order requiring them to appear to appear for deposition in North Carolina. Defendants acknowledged tha the appeal was interlocutory, but Defendants claimed the order affected a substantial right and thus justified an immediate appeal.
The COA disagreed. The Court noted that discovery issues are not immediately appealable, and found that Defendants' alleged right under Rule of Civil Procedure 30(b)(1) to be deposed only in a county where they reside was not a substantial one. The COA also found that avoiding the expenditure of time and money (Defendants would have to travel from the Phillipines to be deposed) is not a substantial right, and that the order had nothing to do with the issue of venue (which *is* immediately appealable). The Court finally noted that the trial court's order did not violate Defendants' due process rights because the depositions were "obviously" limited to the issue of personal jurisdiction (even though the order did not specify this), and that by appearing for the limited purpose of challenging jurisdiction, Defendants "voluntarily submitted to North Carolina jurisdiction to decide the issue of personal jurisdiction[.]" The Court concluded that no substantial right was affected and that immediate appeal was not warranted, and dismissed the appeal.
Full post as published by North Carolina Appellate Blog on March 01, 2011 (boomark / email).
Registration of a Foreign Judgment | Order
The following procedure is available to register a foreign judgment / order such as a subpoena for discovery from a third party, a foreign (out-of-state or foreign country) divorce decree / judgment, an order for DNA testing, etc...
Strong on Jurisdictional Discovery in Transnational Litigation
Professor S.I. Strong (Missouri) has posted on SSRN her article, Jurisdictional Discovery in Transnational Litigation: Extraterritorial Effects of United States Federal Practice, which is forthcoming in the Journal of Private International Law...
Sony v. Hotz: The Parties Agree and Disagree on Jurisdictional Discovery Issues
The parties in SCEA v. Hotz have conferred and now have sent a 17-page joint letter to the Magistrate Judge Joseph C. Spero, informing him that certain disputes about jurisdictional discovery have been resolved but others need his intervention...
ASBESTOS CASE LEADS TO IMPORTANT CHANGE IN HOW DISCOVERY DEPOS MAY BE USED IN ILLINOIS
The Berry v. American Standard case is tough to read. Howard Berry was diagnosed with terminal mesothelioma in 2003. In 2004 he filed suit against 47 different defendants, alleging that he was exposed to asbestos at their jobsites...
The 7th Circuit Illustrates When U.S. Discovery Can Be Obtained For A Foreign Proceeding
The 7th Circuit this week in Heraeus Kulzer, GMBH v. Biomet, Inc, 2011 WL 198117 (7th Cir. 2011), amplified when a foreign party is entitled to pursue discovery under 28 U.S.C. Section 1782 for use in a foreign proceeding...
Standard Of Review For Dying Declaration: Palpably Contrary To The Manifest Weight Of The Evidence
Howard Berry sued 40-plus companies for his damages from contracting mesothelioma as a result of exposure to asbestos. He died before his discovery deposition was completed and before his evidence deposition was taken...
Law & Order Depicts Police Procedures and Criminal Justice
Accuracy of Criminal Justice Depiction on Television
Dumb Foreign Laws
Stupid Laws of Other Countries
Domestic Violence
Women's Rights
Foreign Investment and National Security Act of 2007
Strengthens examination requirements of the Committee on Foreign Investment in the United States
Windows Software
Microsoft fined $1.3 billion for failing to comply with the European Union's antitrust order.
Ford F-150 Recall
alleging a hose in the F-150 and Lincoln Mark LT pickup trucks could affect braking power.
Schwan's Frozen Chicken
Recalled for Foreign Materials
Third Party Mobile Content Charges Settlement
Third Party Mobile Content Charges Class Action Settlement
Signal International
allegedly lured foreign workers to US shipyards with false promises of permanent resident status.
Google Inc.
alleging deceptive charges for ads displayed on third party web sites.
#1 Online Legal Resource
On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| Oil Spill Video
All original material © 1999-2011 by USLaw.com. All other material, including Blog Directory feed content, are © by their respective copyright holders. |