In the Matter of the Application of Time, Inc.
United States District Court for the Eastern District of Louisiana
1999 U.S. Dist. LEXIS 15858 (1999)
- Written by Catherine Cotovsky, JD
Facts
Former Indonesian president General Suharto (plaintiff) sued Time, Inc. (Time) and several of its editors and reporters (defendants) for defamation in Indonesian district court after Time published an article criticizing Suharto for his alleged corruption, greed, and abuse of power. At the time of the litigation, Freeport McMoRan Copper and Gold Inc. (Freeport) was an American company based in New Orleans that operated Indonesia’s largest copper and gold mine. Time moved for issuance of subpoenas under the auspices of 28 U.S.C. Section 1782 to obtain deposition testimony and production of documents from Freeport and Freeport’s chief executive officer, James Moffett, despite the fact that Indonesian law did not include a mechanism for discovery procedures but rather granted Indonesian judges with unfettered discretion regarding the admissibility of evidence. Neither Freeport nor Moffett were parties to the Indonesian litigation, and they filed their objections to issuance of the subpoenas.
Rule of Law
Issue
Holding and Reasoning ()
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