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In re Clerici

United States Court of Appeals for the Eleventh Circuit
481 F.3d 1324 (2007)


NoName Corporation (NoName) (defendant) won a judgment against Patricio Clerici (plaintiff) in a Panamanian court. NoName had a right to financial information from Clerici under Panamanian law to assist in the collection of the judgment. Clerici resided in Florida. The Panamanian court issued a request for judicial assistance to the United States District Court for the Southern District of Florida, under 28 U.S.C. § 1782, to obtain information from Clerici. The district court granted the request, and Clerici appealed to the United States Court of Appeals for the Eleventh Circuit. Clerici argued that the district court erred, because NoName was not using the request to obtain evidence as required by § 1782, but rather was trying to enforce a judgment, and that the request for information was burdensome.

Rule of Law


Holding and Reasoning (Hull, J.)

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