Kulzer v. Biomet, Inc.’s Empirical Analysis
633 F.3d 591 · 2011
Citation profile
11 federal appellate ·
Relationships
Applies 28 U.S.C. § 1782
Relies on Intel Corp. v. Advanced Micro Devices, Inc. · Deitchman v. Er Squibb & Sons Inc · Northrop Corporation v. McDonnell Douglas Corporation · Livingston v. Associates Finance, Inc. · Wiwa v. Royal Dutch Petroleum Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Heraeus’s discovery demands are broad.... For all we know, they are too broad. But if so, it doesn’t follow that Heraeus is not entitled to any discovery. It’s not as if its demands were frivolous; it obviously needs a good deal of discovery in order to prepare its case against Biomet. If it’s asking for too much, the district court can and should cut down its request, but not to nothing, as it did. That was unreasonable, and therefore reversible.”
3 later decisions quote this exact passage · from the majority“The section 1782 screen ... is designed for preventing abuses of the right to conduct discovery in a federal district court for use in a foreign court. Once the court has determined that such abuses are unlikely, the ordinary tools of discovery management, including [Fed. R.Civ.P.] 26, come into play; and with objections based on the fact that discovery is being sought for use in a foreign court cleared away, section 1782 drops out.”
1 later decision quote this exact passage · from the majority“Once a section 1782 applicant demonstrates a need for extensive discovery for aid in a foreign lawsuit, the burden shifts to the opposing litigant to demonstrate, by more than angry rhetoric, that allowing the discovery sought (or a truncated version of it) would disserve the statutory objectives.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.