2nd Circ. Discovery Order Defies DOJ Stance, Court Hears

By Caroline Simson (July 30, 2021, 7:40 PM EDT) -- The target of a petition seeking evidence aimed at shoring up arbitration against Lithuania over the nationalization of a prominent bank is urging the Second Circuit to revisit the petition, pointing to the Justice Department's stance that such an application flouts U.S. law.

Simon Freakley, the Lithuanian-appointed administrator of Bankas Snoras, argued in a petition for en banc rehearing Thursday that the Second Circuit improperly failed to take into account the significance of a case pending before the U.S. Supreme Court aimed at resolving the unsettled question of whether Section 1782 of the U.S. Code allows federal courts to order discovery...

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