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With respect to district court's compliance with letters rogatory from Panamanian court seeking information on assets of Panamanian citizen residing in Florida, Eleventh Circuit upholds lower court's power and its exercise of discretion under 28 U.S.C. Section 1782.

Publication: International Law Update
Publication Date: 01-MAR-07
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Patricio Clerici (Respondent) is a citizen of Panama residing in Miami, Florida. He sued NoName Corporation (Petitioner) and others in Panama, requesting the attachment of Petitioner's property. Respondent failed to prosecute his case, however, and, in 2000, the court dismissed it. Petitioner...

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...then filed a lawsuit in Panama, claiming damages caused by Respondent's lawsuit and the attempted attachment of his assets. The Panamanian Court awarded Petitioner 1.9 million Balboas in damages and 294,589.70 Balboas in costs.

Petitioner did not try to enforce this judgment in the U.S. It merely petitioned the Panamanian Court to ask Respondent about his assets. Petitioner's nine questions to Respondent included the total amount and locations of his assets and where he does his banking. The Panamanian Court submitted written questions in the form of Letters Rogatory to a Florida federal court. Citing the Inter-American Convention on Letters...

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