34 Cited authorities

  1. Kadic v. Karadzic

    70 F.3d 232 (2d Cir. 1995)   Cited 307 times   1 Legal Analyses
    Holding that private individuals may be held liable under the ATS for genocide and war crimes but not torture or summary execution
  2. In re Subpoena Issued to Dennis Friedman

    350 F.3d 65 (2d Cir. 2003)   Cited 231 times
    Rejecting the Shelton rule and instead applying a "flexible approach" that "takes into consideration all of the relevant facts and circumstances" including "the need to depose the lawyer, the lawyer's role in connection with the matter on which discovery is sought and in relation to the pending litigation, the risk of encountering privilege and work-product issues, and the extent of discovery already conducted"
  3. Revson v. Cinque Cinque, P.C

    221 F.3d 71 (2d Cir. 2000)   Cited 218 times
    Holding that "[g]iven that at least some of [the plaintiff's] claims were colorable, [plaintiff's counsel's] threat to make the claims public, and his speaking to a reporter about them, did not provide a basis for sanctions"
  4. Concord Boat Corp. v. Brunswick Corp.

    169 F.R.D. 44 (S.D.N.Y. 1996)   Cited 229 times
    Holding that the status of a witness as a non-party to the underlying litigation entitles the witness to consideration regarding expense and inconvenience
  5. Singletary v. Sterling Transport Co., Inc.

    289 F.R.D. 237 (E.D. Va. 2012)   Cited 100 times
    Holding that party had standing to challenge subpoenas addressed to former employers and seeking previous employment records
  6. In re Edelman

    295 F.3d 171 (2d Cir. 2002)   Cited 124 times   2 Legal Analyses
    Holding that petitioner's service of a subpoena in the Southern District of New York on a respondent domiciled in France demonstrated that the respondent was "found" in the Southern District for purposes of § 1782
  7. Defazio v. Wallis

    459 F. Supp. 2d 159 (E.D.N.Y. 2006)   Cited 95 times
    Determining issue in the underlying case was whether defendant induced investors to invest by lying to them about his educational and employment background and issue in prior representation also involved an alleged misrepresentation by defendant of his educational and employment background
  8. Crosby v. City of New York

    269 F.R.D. 267 (S.D.N.Y. 2010)   Cited 69 times
    Denying in part and granting in part DANY's motion to quash plaintiffs' subpoenas
  9. U.S. Football League v. National Football League

    605 F. Supp. 1448 (S.D.N.Y. 1985)   Cited 141 times
    Holding that disqualification should be ordered "only if the facts present a real risk that the trial will be tainted"
  10. Syposs v. United States

    179 F.R.D. 406 (W.D.N.Y. 1998)   Cited 94 times
    Holding that confidentiality concerns may serve as a basis for a protective order or limiting discovery even though such concerns might not rise to the level of a legitimate expectation of privacy under the Fourth Amendment
  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,817 times   651 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 68,861 times   122 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  13. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,004 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  14. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,515 times   104 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
  15. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,003 times   47 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
  16. Section 1927 - Counsel's liability for excessive costs

    28 U.S.C. § 1927   Cited 8,830 times   81 Legal Analyses
    Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct
  17. Section 308 - Personal service upon a natural person

    N.Y. CPLR 308   Cited 5,149 times
    Providing for "nail and mail" service and for service "in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section"
  18. Section 1782 - Assistance to foreign and international tribunals and to litigants before such tribunals

    28 U.S.C. § 1782   Cited 2,085 times   247 Legal Analyses
    In § 1782, Congress has expressly authorized federal courts to order discovery from domestic persons in aid of foreign proceedings like the ongoing Polish prosecution.
  19. Rule 45 - Subpoena

    Colo. R. Civ. P. 45   Cited 13 times

    (a) In general. (1) Form and contents. (A) Requirements-In General. Every subpoena must: (I) State the court from which it issued; (II) State the title of the action, the court in which it is pending and its case number; (III) Command each person to whom it is directed to do one or both of the following at a specified time and place: attend and testify at a deposition, hearing or trial; or produce designated books, papers and documents, whether in physical or electronic form ("records"), or tangible