Wednesday, September 14, 2016

Case of the Day: In re O'Keeffe, 2016 U.S. App. LEXIS 16755 (11th Cir. Sept. 13, 2016)

Summary:

Petitioner O'Keeffe is a journalist who is being sued by billionaire Sheldon Adelson in Hong Kong for libel. To use in the Hong Kong litigation, the petitioner issued a subpoena to Adelson's former architect in Florida pursuant to 28 U.S.C. s. 1782. Adelson moved to quash the subpoena.

The court found that the district court did not abuse its discretion in granting the subpoena because the architect's testimony is relevant.

Takeaway:

The case itself is nothing new, but the person involved is interesting. Clearly this appeal was borderline frivolous--almost certainly made only to make life difficult for the journalist.

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