Applications of Heraeus Kulzer v. Biomet, Inc.

Dist. Ct. erred in denying plaintiff-German entity's application to compel discovery of defendant-American entity for use in lawsuit between parties pending in German court. Record showed that plaintiff could not obtain discovery it needs from German court system, and defendant failed to show that German court would have refused to admit any evidence that plaintiff obtained through U.S. discovery. On remand, Dist. Ct. will be free to examine whether plaintiff's discovery requests are overly burdensome under Rule 26.