Foreign parties invoke U.S. law to seek evidence; while Sec. 1782 is an important device, rules on its application vary among circuit courts

Article Abstract:

USC 1782 governs the gathering of evidence in the US for use in foreign litigaton, providing for application to federal district court by foreign courts and parties to foreign litigation for an order directing a witness to testify or produce physical evdencce. USC 1782 may be invoked by litigants or courts in countries not signatories to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, as it is separate and distinct from that convention. Interpretations of USC 1782 vary greatly among federal district courts, as the rule is complicated in its application.

International aspects, Evidence (Law)

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Courts say 'no go' to latent defect claims; most state and federal courts continue to invoke threshold requirement of actual injury

Article Abstract:

Issues regarding the rejection of products liability claims based on latent defects based on the threshold requirement of actual injury are discussed. A plaintiff must allege both an injury in fact and damages when making product liabilility claims.

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Suits taget 'clean air' gas additive; plaintiffs allege that MTBE is a defective product; defendants say the Clean Air Act preempts this claim

Article Abstract:

Litigation targeting the use of methyl tertiary butyl ether as a "clean" fuel additive is discussed. Most suits charge the refiners and distributors of MTBE-enhanced gasoline knew of the threats it posed to groundwater

All Other Basic Organic Chemical Manufacturing, Industrial organic chemicals, not elsewhere classified, Methyl Tert-Butyl Ether, Gasoline Additives, Usage, MTBE, Fuel additives, Air quality, Methyl tertiary butyl ether

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