In re Urethane Antitrust Litigation

267 F.R.D. 361 (2010)

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In re Urethane Antitrust Litigation

United States District Court for the District of Kansas
267 F.R.D. 361 (2010)

RW

Facts

A group of direct purchasers of polyether polyol products (purchasers) (plaintiffs) in a federal antitrust case against urethane manufacturers (defendants) moved to issue letters of request for international judicial assistance in obtaining evidence from three persons who lived in Germany. The manufacturers filed a cross-motion asking the court to (1) deny the purchasers’ motion unless the purchasers could show that the three individuals actually would testify rather than assert testimonial privileges, (2) modify the proposed letters of request to remove questions that might not elicit admissible testimony, (3) modify the proposed letters by asking the German courts to advise the three individuals of applicable German evidentiary privileges, and (4) modify the proposed letters by asking the German courts to pose certain questions in the event that any of the three individuals asserted an evidentiary privilege.

Rule of Law

Issue

Holding and Reasoning (O’Hara, J.)

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