Porsche Automobile Holding SE v. John Hancock Life Insurance Co., No. 20-1239 (1st Cir. 2021)Annotate this Case
The First Circuit affirmed the decisions of the district court in these appeals challenging the court's discretionary rulings in connection with a request under 28 U.S.C. 1782 to conduct court-ordered discovery for use in a foreign proceeding, holding that the district court did not err or abuse its discretion.
The foreign proceeding at issue was one of approximately 200 separate securities fraud actions brought in 2016 against Porsche Automobile Holding SE in Germany. The actions stemmed from Porsche's alleged malfeasance in connection with "defeat devices" employed to circumvent emissions testing in certain diesel vehicles manufactured by Volkswagen AG. The district court granted in part Porsche's request for discovery in the United States from affiliates of John Hancock funds who were plaintiffs in the German actions. The First Circuit affirmed the district court's orders denying the Hancock plaintiffs' motion to intervene and denying in part the Hancock affiliates' motion to quash, holding that the district court did not abuse its discretion.
The court issued a subsequent related opinion or order on January 20, 2021.