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Civil Procedure Keyed to Subrin
Societe Nationale Industrielle Areospatiale v. U.S. District Court
Facts
Plaintiffs brought suit for personal injuries resulting from the crash of an aircraft built and sold by two corporations owned by France. Initially, the Defendants answered the complaints without inquiring about the court’s jurisdiction, and cooperated in initial discovery without objection. However, when plaintiffs served successive discovery requests under the Federal Rules of Civil Procedure, the manufacturer filed a motion for a protective order, claiming that the Convention dictated the exclusive procedures that must be adhered to since petitioners are French and the discovery sought must be conducted in France. A Magistrate denied the motion, and the Court of Appeals denied the manufacturers mandamus petition and certiorari was granted.
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